MNM Brothers Pty Ltd v City of Parramatta Council [2023] NSWLEC 1672

Land and Environment Court New South Wales

Medium Neutral Citation: MNM Brothers Pty Ltd v City of Parramatta Council [2023] NSWLEC 1672 Hearing dates: Conciliation Conference on 25 July and 25 August 2023 Date of orders: 9 November 2023 Decision date: 09 November 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/13/2023, as amended, for demolition of existing dwelling houses and ancillary structures, removal of trees, consolidation of two lots, construction of a two-storey centre-based childcare centre accommodating 95 children, basement level parking and associated landscaping, at 188-190 Junction Road, Winston Hills, subject to the conditions at Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – demolition existing dwellings – construct childcare centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 4.3, 4.4, 6.2 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 1.120, Ch 3, Pt 3.3, ss 3.3, 3.22, 3.23, 3.24, 3.25 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guidelines, 2021 Category: Principal judgment Parties: MNM Brothers Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Nuttall (Solicitor) (Respondent)