Karimbla Properties (No. 59) Pty Limited v City of Parramatta Council (No 2) [2023] NSWLEC 1509

Land and Environment Court New South Wales

Medium Neutral Citation: Karimbla Properties (No. 59) Pty Limited v City of Parramatta Council (No 2) [2023] NSWLEC 1509 Hearing dates: 19-21 April 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: Proceedings 2022/142290: The orders of the Court are: (1) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Consent No 314/2017 for a 30-storey mixed use tower building with a five-storey basement (concept approval only) is modified by Modification Application No. 314/2017/A, subject to the consolidated conditions of consent at Annexure A. (4) The exhibits, other than exhibits 1, 2, 3, A, B, C and Q, are returned. Proceedings 2022/142281: The orders of the Court are: (1) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No 1128/2021 for the Stage One early works associated with the construction of a mixed-use development, including site clearing and removal of 12 trees including two street trees, excavation to accommodate a five-storey basement, and construction of associated shoring, retaining walls and drainage works, is determined by the grant of consent, subject to the conditions of consent at Annexure B. Proceedings 2022/142308: The orders of the Court are: (1) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No 1/2022 for a Stage Two detailed design of the concept approval (as modified by Modification Application No 314/2017/A) for the construction of a 30-storey mixed use building comprising five levels of basement parking providing 299 car parking spaces (264 residential and 31 visitor spaces), two storey commercial podium (containing one retail unit, a 60 place centre-based child care facility and commercial office space) and residential tower above, comprising 204 residential units, landscaping and public domain works, is determined by the grant of consent, subject to the conditions of consent at Annexure C. Catchwords: DEVELOPMENT APPEAL – conditions of consent for three separate appeals concerning the modification of a concept approval and stages one and two development applications. Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15 Uniform Civil Procedure Rules 2005, r 36.15 Cases Cited: Karimbla Properties (No. 59) Pty Limited v City of Parramatta Council [2023] NSWLEC 1365 Category: Principal judgment Parties: Karimbla Properties (No. 59) Pty Limited (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: I Hemmings SC with J Farrell (Applicant) A Seton (Solicitor) (Respondent)