Luo v City of Parramatta Council (No 2) [2023] NSWLEC 1010
NSW Caselaw
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Land and Environment Court
New South Wales
Medium Neutral Citation: Luo v City of Parramatta Council (No 2) [2023] NSWLEC 1010
Hearing dates: 13-14 June 2022; 26 October 2022
Date of orders: 24 January 2023
Decision date: 24 January 2023
Jurisdiction: Class 1
Before: Dixon SC
Decision: The Court orders:
(1) The appeal is upheld.
(2) Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger's room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A.
(3) The exhibits are returned except for A.
Catchwords: APPEAL – development application – boarding house development – revised plan of management and conditions of consent – final orders made
Cases Cited: Luo v City of Parramatta Council [2023] NSWLEC 1009
Category: Principal judgment
Parties: Fei Luo (Applicant)
City of Parramatta Council (Respondent)
Representation: Counsel:
G McKee (Solicitor) (Applicant)
D Le Breton (Solicitor) (Respondent)
Solicitors:
McKees Legal Solutions (Applicant)
HWL Ebsworth Lawyers (Respondent)
File Number(s): 2021/360939
Publication restriction: Nil
Judgment
1. On 11 January 2023, I handed down my reasons for judgment in the Class 1 appeal, Luo v City of Parramatta Council [2023] NSWLEC 1009. At [49] of Luo v City of Parramatta Council, I directed the parties to confer and amend the plan of management and their draft conditions of consent in accordance with my reasons for judgment and to provide a copy to the Court.
2. As I am satisfied having reviewed the agreed conditions provided on 20 January 2023 that they are acceptable, I now make the following orders.
3. The Court orders that:
1. The appeal is upheld.
2. Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger's room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A.
3. The exhibits are returned except for A.
………………………..
S Dixon
Senior Commissioner of the Court
Annexure A (369779, pdf)
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DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 24 January 2023
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