The Catering Group Pty Ltd v City of Parramatta Council [2023] NSWLEC 1136

Land and Environment Court New South Wales

Medium Neutral Citation: The Catering Group Pty Ltd v City of Parramatta Council [2023] NSWLEC 1136 Hearing dates: Conciliation Conference on 3 February 2023 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Class 1 Before: Gray C Decision: In proceedings 2022/254072, the Court orders that: (1) The appeal is upheld. (2) The Development Control Order issued by the Respondent to the Applicant dated 29 July 2022 under s 9.35(1)(b) and Sch 5 of the Environmental Planning and Assessment Act 1979 (EPA Act) is, pursuant to s 8.18(4)(b) of the EPA Act, modified in accordance with the Development Control Order at Annexure A. In proceedings 2022/271916, the Court orders that: (1) The appeal is upheld. (2) Modification Application DA/469/2016/B to modify DA/469/2016 is approved. (3) Development consent DA/469/2016 is modified in the terms in Annexure A. (4) As a consequence of order (3), Development consent DA/469/2016 is subject to the consolidated conditions set out in Annexure B. Catchwords: APPEAL – modification application – APPEAL – development control order – conciliation conference – agreement reached in both appeals – orders made to modify development control order – orders made granting modification application Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.18, 9.34, Sch 5, Pt 1 Environmental Planning and Assessment Regulation 2021, cl 113 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: The Catering Group Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: L Sims (Applicant) C Nuttall (Solicitor)(Respondent)