Streamline Container Services Pty Ltd v City of Parramatta Council [2023] NSWLEC 1239

Land and Environment Court New South Wales

Medium Neutral Citation: Streamline Container Services Pty Ltd v City of Parramatta Council [2023] NSWLEC 1239 Hearing dates: Conciliation conference on 30 November 2022; 21 December 2022; 16 February 2023; 2 May 2023 Date of orders: 18 May 2023 Decision date: 18 May 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to amend the development application to rely on the plans and documents listed at Condition 1 of Annexure A. (2) The applicant is to pay the respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted to development application DA/1055/2021 for a freight transport facility, installation of concrete works and stormwater infrastructure at Lease Area 2, 37A Grand Avenue, Camellia, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – a change in use from a truck depot to freight transport facility – conciliation conference – agreement between the orders – orders Legislation Cited: Biodiversity Conservation Act 2016 Contaminated Lands Management Act 1997, s 21 Environmental Planning and Assessment Act 1979, ss 3.17, 4.12(8), 4.16; Sch 1, Pt 1, Div 2, cl 8 Environmental Planning and Assessment Regulation 2000, cl 55; Sch 2, Pt 2, cl 3 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Interpretation Act 1987, s 30A(2) Land and Environment Court Act 1979, s 34 Paramatta Local Environmental Plan 2011, cll 2.7, 4.1, 4.3, 4.4, 5.7, 5.10, 5.21, 6.1, 6.2, 6.5, 6.7 Paramatta Local Environmental Plan 2023, cll 1.1AA, 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6-12, ss 10.9, 10.10, 10.11, 10.18, 10.19, 10.20, 10.21, 10.22, 10.23, 10.24, 10.25, 10.26, 10.27 (repealed); s 6.65 (current) State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Infrastructure) 2007 (repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.7, 2.8; Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, Div 12A, ss 2.77, 2.122; Sch 3 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy No 55 – Remediation of Land (repealed) Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Streamline Container Services Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: K Marginson (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)