Electric Pty Ltd v City of Parramatta Council [2023] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: Electric Pty Ltd v City of Parramatta Council [2023] NSWLEC 1206 Hearing dates: Conciliation Conference 17 April 2023 Date of orders: 03 May 2023 Decision date: 03 May 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Appeal is upheld. (2) Development Application No. DA/100/2021 lodged with the Respondent on 10 February 2021, being for the demolition of existing structures, tree removal and construction of a three (3) storey boarding house containing fourteen (14) single occupancy rooms with associated parking for six (6) vehicles and associated earthworks and landscaping at land known as 5 Buller Street, North Parramatta being Lot 1 DP 178742, is determined by the grant of consent subject to the conditions in Annexure A. (3) The Applicant must pay the Respondent's costs thrown away by the amended application, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $3,200, within 14 days of the date of these orders. Catchwords: DEVELOPMENT APPEAL – demolition – boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 2.2, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 7, 26, 27, 30, 30A, Pt 2, Div 3 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Environmental Planning and Assessment Regulation 2000, cl 55 Cases Cited: CK Design Pty Ltd v Penrith City Council (No 2) [2022] NSWLEC 97 Texts Cited: Standards Australia, AS/NZS 2890.1:2004, January 2004 Category: Principal judgment Parties: Electric Pty Ltd ACN 071863440 (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) I Woodward (Solicitor)(Respondent)