Railway 51 Pty Ltd v City of Parramatta Council [2023] NSWLEC 1745

Land and Environment Court New South Wales

Medium Neutral Citation: Railway 51 Pty Ltd v City of Parramatta Council [2023] NSWLEC 1745 Hearing dates: Conciliation conference held on 1 December 2023 Date of orders: 07 December 2023 Decision date: 07 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application 880/2021, which seeks the demolition of existing structures, earthworks, and construction of a part four-storey, part five-storey residential flat building with basement car parking for 4 residential units on Lot A Deposited Plan 324641, also known as 51 Railway Street, Granville, is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Holroyd Local Environmental Plan 2013, cll 2.3, 5.21 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Holroyd Development Control Plan 2013 Category: Principal judgment Parties: Railway 51 Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: I Lacy (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)