Abboud v City of Parramatta Council [2022] NSWLEC 1540

Land and Environment Court New South Wales

Medium Neutral Citation: Abboud v City of Parramatta Council [2022] NSWLEC 1540 Hearing dates: Conciliation conference on 10, 23 and 31 May 2022 Date of orders: 04 October 2022 Decision date: 04 October 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $3,000.00. (2) The appeal is upheld (3) Development consent is granted to development application DA/250/2021, as amended, for the demolition of existing structures and construction of a boarding house comprising of 5 rooms for a maximum of 10 lodgers on the land at 7 Albion Street, Harris Park, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – boarding house —conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 Parramatta Local Environmental Plan 2011 cll 4.3, 4.4, 5.1, 5.1A, 5.10, 6.1, 6.2 Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021 Standard Instrument (Local Environmental Plans) Order 2006 cl 8 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 30, 30A, 30AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Samira Abboud (Applicant) Parramatta City Council (Respondent) Representation: Counsel: P Saab (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)