LDJ Solutions Pty Ltd v City of Parramatta Council [2022] NSWLEC 1154

Land and Environment Court New South Wales

Medium Neutral Citation: LDJ Solutions Pty Ltd v City of Parramatta Council [2022] NSWLEC 1154 Hearing dates: Conciliation conference on 2 December 2021, 4 and 18 February 2021 Date of orders: 28 March 2022 Decision date: 28 March 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court Orders that: (1) The appeal is upheld; (2) Consent is granted to amended Development Application DA/531/2021 on Lot 1001 Deposited Plan 777077 known as 54 Adderton Road, Telopea for a boarding house containing 15 boarding rooms, 1 manager's room, two communal rooms, 8 car parking spaces, 4 motorcycle spaces, subject to the conditions set out in Annexure A. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant has agreed to pay the Respondent's costs thrown away in respect of the amended plans in the sum of $3,500 within 14 days of the date of the Orders in these proceedings. Catchwords: DEVELOPMENT APPLICATION – demolition - boarding house – compatibility with streetscape – access – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cll 2A, 3, 55, Sch 1 Land and Environment Court Act 1979, ss 17, 34, 39 Parramatta Local Environment Plan 2011, cll 4.3, 4.4, 5.10 Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 28, 29, 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, cll 2, 68, 69, 70, Sch 7 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Vegetation in non-rural areas) 2017 Cases Cited: Tamvakeras v Inner West Council [2022] NSWLEC 1140. Texts Cited: NSW Department of Planning, Industry and Environment, Explanation of Intended Effect for a new Housing Diversity SEPP, July 2020 Category: Principal judgment Parties: LDJ Solutions Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) C Nuttall (Solicitor) (Respondent)