Appwam Pty Ltd v City of Parramatta Council [2023] NSWLEC 1536

Land and Environment Court New South Wales

Medium Neutral Citation: Appwam Pty Ltd v City of Parramatta Council [2023] NSWLEC 1536 Hearing dates: Conciliation conferences on 28 June, 20 July, 10 August and 17 August 2023 Date of orders: 19 September 2023 Decision date: 19 September 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No DA/878/2021, as amended, for the demolition of the existing building and construction of an eight-storey mixed use building consisting of a boarding house development with ground floor commercial/retail space over one level of basement parking at 378-380 Church Street, Parramatta (Lots 1 and 2 in DP 234143), is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use – boarding house – cl 4.6 written request – height variation - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning (Affordable Rental Housing) 2009, Div 3, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: Basix) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.99 Category: Principal judgment Parties: Appwam Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)