Canniesburn Pty Ltd ATF Syd Recon Trust v City of Parramatta Council [2023] NSWLEC 1567

Land and Environment Court New South Wales

Medium Neutral Citation: Canniesburn Pty Ltd ATF Syd Recon Trust v City of Parramatta Council [2023] NSWLEC 1567 Hearing dates: Conciliation conference on 20 July 2023 Date of orders: 27 September 2023 Decision date: 27 September 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/1023/2021 for staged development being, Torrens Title subdivision of the subject site into three Torrens Title allotments, construction of two dual occupancy developments, one on each of Lots 2 and 3, subsequent strata subdivision of Lots 2 and 3 with the two dual occupancy developments into two lots each at 50 Thane Street, Wentworthville, subject to Annexure A. Catchwords: APPEAL – development application – subdivision of land and construction of dual occupancies – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 2.6, 4.1, 6.2, 6.4, 6.11 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Category: Principal judgment Parties: Canniesburn Pty Ltd ATF Syd Recon Trust (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Nuttall (Solicitor) (Respondent)