Sahyoun v City of Parramatta Council [2023] NSWLEC 1769

Land and Environment Court New South Wales

Medium Neutral Citation: Sahyoun v City of Parramatta Council [2023] NSWLEC 1769 Hearing dates: Conciliation conferences on 10 October, 15 and 27 November 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the development application, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application DA/670/2022, as amended, for demolition, construction of a two-storey, forty place child care centre with basement carparking and associated landscaping on Lots 130 and 131 in Deposited Plan 1250311, known as 7 and 7A Gaggin Street, North Parramatta, New South Wales, 2151 subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility - orders Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.15, 8.7, Sch 1, Div 2, s 7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 5.10, 6.1, 6.2 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.26 State Environmental Planning Policy Amendment (Water Catchments) 2022, s 6.65 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline 2021 Parramatta Development Control Plan 2011 Parramatta Community Participation Plan 2022 Category: Principal judgment Parties: Albert Sahyoun (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: K Marginson (Solicitor) (Applicant) B Stephen (Solicitor) (Respondent)