HB & B Property Pty Ltd v Parramatta City Council [2022] NSWLEC 1478

Land and Environment Court New South Wales

Medium Neutral Citation: HB & B Property Pty Ltd v Parramatta City Council [2022] NSWLEC 1478 Hearing dates: Conciliation conference 8 July 2022 Date of orders: 12 September 2022 Decision date: 12 September 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Appeal is upheld (2) The Applicant is to pay the Respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $4,500.00 within 14 days of the date of these orders. (3) Development Application No. DA/1057/2021 for the demolition, tree removal and construction of a part two (2) and part (3) storey residential care facility, comprising 110 beds with one (1) level of basement parking and associated civil engineering and earth works at 43-47 Murray Farm Road and 13 & 19 Watton Road, Carlingford is approved subject to the conditions in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION: New Residential Care facility – conciliation conference - amended plans – agreement reached between the parties - orders made Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.6, 8.7, 4.14, 4.15, 4.16 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 Parramatta (former The Hills) Local Environmental Plan 2012 cll 4.1, 4.3, 5.21, 7.2 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cll 24, 25, 26, 28, 30, 40 State Environmental Planning Policy (Housing) 2021 Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Vegetation in Non- Rural Areas) 2017 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: HB & B Property Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: A Cowper (Applicant) C Nutall (Solicitor) (Respondent)