Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304

Land and Environment Court New South Wales

Medium Neutral Citation: Weston Investment Group Pty Ltd v City of Parramatta Council [2022] NSWLEC 1304 Hearing dates: 16 May 2022 and 17 May 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders that: (1) The appeal is upheld. (2) In accordance with s 39(2) of the Land and Environment Court Act 1979, Deferred Commencement Condition No. 1 and 2 in DA/267/2018B is satisfied conditional upon the Applicant carrying out the following works: (a) Replace the timber mulch on the easement flow path in 9-11 Weston Street with pebbles or like material. (b) Raise the timber edge adjacent to the rear fence by 40mm within the easement at 9-11 Weston Street. (c) Construct a 120mm concrete kerb in accordance with Ex D and the plans in Ex E (SW300 Rev F and SW204 Rev F) within the easement at the rear of 12-16 Hope Street, Rosehill. (3) Exhibits are returned with the exception of Exhibits B, D, E, 1, 2 and 3 which are retained. Catchwords: DEVELOPMENT APPLICATION – deferred commencement condition - compliance Legislation Cited: Conveyancing Act 1919, s 181A, Sch 8 Pt 3 Covid-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2020 Environmental Planning and Assessment Act 1979 ss 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulations 2000, cl 95 Land and Environment Court Act 1979, ss 17, 39 Parramatta Local Environmental Plan 2011 Real Property Act 1900 (NSW) Cases Cited: Captain Cook Cruises Pty Ltd v North Sydney Council (2002) 126 LGERA 233; [2002] NSWLEC 243 Lowe v Kladis [2018] NSWCA 130 Texts Cited: Australian Standard AS3500.3:2018 City of Parramatta, Development Engineering Design Guidelines, June 2018 City of Parramatta Stormwater Disposal Policy, 7 December 2020 Parramatta Development Control Plan 2011 Upper Parramatta River Catchment Handbook (4th Edition) 2004 Category: Principal judgment Parties: Weston Investment Group Pty Limited (First Applicant) Magpie Lily Pty Limited (Second Applicant)