JS Architects Pty Ltd v City of Parramatta Council [2023] NSWLEC 1201

Land and Environment Court New South Wales

Medium Neutral Citation: JS Architects Pty Ltd v City of Parramatta Council [2023] NSWLEC 1201 Hearing dates: Conciliation conference held on 21 April 2023 Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Leave is granted to rely upon the amended plans and documentation listed in the conditions of consent in Annexure 'A'. (3) Development Application DA/178/2022, for the demolition, tree removal and construction of a multi-dwelling housing development consisting of eight (8) townhouses over basement parking with Strata subdivision, including two (2) affordable dwellings on Lot 1 in DP 743488, also known as 435 Wentworth Avenue, Toongabbie, is determined by the grant of consent, subject to the conditions in Annexure 'A'. (4) The applicant is to pay the respondent costs in the sum of $2,850 within 14 days, as agreed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 5.3, 6.1, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.98 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Housing) 2021, ss 16, 17, 18 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: JS Architects Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) C Nuttall (Solicitor) (Respondent)