Wong v City of Parramatta Council [2023] NSWLEC 1596

Land and Environment Court New South Wales

Medium Neutral Citation: Wong v City of Parramatta Council [2023] NSWLEC 1596 Hearing dates: Conciliation conference 23 November 2022, 13 September 2023 Date of orders: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/968/2021 for demolition of the existing structures, tree removal and construction of a five (5) storey boarding house containing twenty four (24) rooms with three (3) levels of basement parking and associated landscaping at 14 Cunningham Street, Telopea (Lot 114 in DP 36691) subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and boarding house construction – amended plans and information – agreement reached between parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 6.2, 8.1 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Affordable Rental Housing) 2009, Div 3, cll 26, 27, 28, 29, 30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, Pt 6.2, Div 2, ss 6.65, 10.23, 10.24 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, s 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Water Management Act 2000, s 90 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Tham Wan Wong (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Farrell (Applicant) M Harker (Respondent)