Ausino Group Pty Ltd v City of Parramatta Council [2023] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: Ausino Group Pty Ltd v City of Parramatta Council [2023] NSWLEC 1283 Hearing dates: Conciliation Conference on 2 June 2023 Date of orders: 08 June 2023 Decision date: 08 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 1036/2021, as amended, for demolition of existing structures and construction of a boarding house containing sixty-seven (67) boarding rooms, over a level of basement parking, at 71-73 Thomas Street, Parramatta, is determined by the grant of consent, subject to conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 34, 39 Parramatta Local Environmental Plan 2011, cll 4.4, 4.6 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Affordable Rental Housing) 2009, Div 3, cll 28, 29, 30, 30A State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Housing) Amendment (Miscellaneous) 2022 Sch 7A, ss 1, 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Ausino Group Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)