Hy-Tec Industries PTY LTD v City of Parramatta Council [2023] NSWLEC 1406

Land and Environment Court New South Wales

Medium Neutral Citation: Hy-Tec Industries PTY LTD v City of Parramatta Council [2023] NSWLEC 1406 Hearing dates: Conciliation conference on 24 and 25 July 2023 Date of orders: 26 July 2023 Decision date: 26 July 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) The modification to DA/749/2021 for the installation and operation of a temporary concrete works for production of pre-mixed concrete on Lot 2, DP 539890 (being Lease Area 5) on the land known as 37A Grand Avenue, Camellia is approved as set out in Annexure A, and as set out in the consolidated conditions of consent in Annexure B. (3) No order as to costs. Catchwords: MODIFICATION APPLICATION – extension of time for temporary Development Consent - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.55 Environmental Planning and Assessment Regulation 2021 s 105 Land and Environment Court Act 1979 ss 17, 34 Cases Cited: Arrage v Inner West Council [2119] LEC 85 Bechara v Plan Urban Services Pty Ltd (2006) 149 LGERA 41; [2006] NSWLEC 594 Hy-Tec Industries Pty Ltd v Parramatta City Council [2022] NSWLEC 1041 TL & TL Tradings Pty Ltd v Parramatta City Council [2019] NSWLEC 1372 Texts Cited: Community Engagement Strategy, City of Parramatta 2022-2024 Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Hy-Tec Industries Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: