Shahin Nourozi Pty Ltd v City of Parramatta Council [2023] NSWLEC 1234

Land and Environment Court New South Wales

Medium Neutral Citation: Shahin Nourozi Pty Ltd v City of Parramatta Council [2023] NSWLEC 1234 Hearing dates: Conciliation conference held on 21 April 2023 Date of orders: 17 May 2023 Decision date: 17 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) Demolition, tree removal and construction of a multi-dwelling housing development comprising 6 x 4 bedroom dwellings (with attic), 5 x 3 bedroom dwellings (with attic), 1 x 3 bedroom dwellings (no attic) and 1 x 2 bedroom dwelling (no attic), including two (2) adaptable dwellings, with over basement parking for 28 vehicles, and strata subdivision on Lot 10 in DP 1223982, Lot 12 DP 794314 and Lot 125 DP 1254, also known as 40 and 42-44 Wetherill Street North, Silverwater, is determined by the grant of consent, subject to the conditions in Annexure A. (4) The applicant must pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $1,800, within 14 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Auburn Local Environmental Plan 2010, cll 2.3, 2.7, 4.1, 4.3, 4.4, 5.3, 6.1 and 6.2 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 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.121 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Auburn Development Control Plan 2010 Category: Principal judgment Parties: Shahin Nourozi Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: S Whealy (Solicitor) (Applicant) C Nuttal (Solicitor) (Respondent)