Hy-Tec Industries v Parramatta City Council [2022] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: Hy-Tec Industries v Parramatta City Council [2022] NSWLEC 1041 Hearing dates: 19-20 January 2022 Date of orders: 28 January 2022 Decision date: 28 January 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The Applicant's written request under clause 4.6 of the Parramatta Local Environmental Plan 2011 for contravention of the maximum height development standard imposed by clause 4.3 of the Parramatta Local Environmental Plan 2011 is upheld. (2) The appeal is upheld. (3) DA/749/2021 for the installation and operation of a temporary concrete works for production of pre-mixed concrete at 37A Grand Avenue, Camellia (being Lease Area 5) Lot 2 DP 539890 is approved subject to the conditions in Annexure A. (4) The exhibits, other than exhibits A, F and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – temporary concrete batching plant – noise and vibration – impact on water quality and coastal wetland – impact on heritage item – adequacy of Environmental Impact Statement – contamination – flooding – consistency with zone objectives Legislation Cited: Contaminated Land Management Act 1997, s 21 Environmental Planning and Assessment Act 1979 ss 8.7 8.15 Environmental Planning and Assessment Regulation 2000 cl 4 Parramatta Local Environmental Plan 2011 cll 2.3(2), 4.5, 4.6, 5.10, 5.21 State Environmental Planning Policy (Coastal Management) 2018 cl 11 State Environmental Planning Policy (Infrastructure) 2007 cl 66C State Environmental Planning Policy No 33 – Hazardous and Offensive Development cl 13 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Environment Protection Authority, Noise Policy for Industry, (October 2017) Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Hy-Tec Industries Pty Limited (Applicant) Parramatta City Council (Respondent) Representation: Counsel: J Steele SC (Applicant) M Hall SC (Respondent)