Awelf Construction Pty Ltd v City of Parramatta Council [2023] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: Awelf Construction Pty Ltd v City of Parramatta Council [2023] NSWLEC 1108 Hearing dates: 20-21 February 2023: final submissions on 6 March 2023 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No 663/2021 seeking consent for the demolition of existing structures, consolidation of two lots, construction of an eight-storey residential flat building containing 33 units, and 3 levels of basement car parking, associated site works and landscaping at 8-10 Evans Road, Telopea is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibits A, B, C, D and 7. Catchwords: DEVELOPMENT APPLICATION: residential flat building in R4 High Density Residential zone – whether proposed development exhibits design excellence – satisfactory arrangements for designated state infrastructure – public submissions are considered Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Parramatta Local Environmental Plan 2011, cll 4.3, 4.4, 6.1, 6.2, 6.12, 8.1 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6-12, s 10.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30, Sch 1 Water Management Act 2000, s 90 Cases Cited: Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Awelf Construction Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Seton (Solicitor) (Respondent)