Parasher v Camden Council [2024] NSWLEC 1009

Land and Environment Court New South Wales

Medium Neutral Citation: Parasher v Camden Council [2024] NSWLEC 1009 Hearing dates: Conciliation conference on 22 December 2023 Date of orders: 17 January 2024 Decision date: 17 January 2024 Jurisdiction: Class 1 Before: Porter C 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 amending the development application, in the amount of $10,000 within 42 days of the date of these orders. (2) The appeal is upheld. (3) The applicant's written request pursuant to s 4.6 of Appendix 5 of State Environmental Planning Policy (Precinct – Western Parkland City) 2021, seeking a variation to the development standard for maximum building height prepared by Tudor Planning and Design, dated August 2023 is upheld. (4) Development consent is granted to development application number DA2022/802/1, for the demolition of existing structures and construction of a four-storey residential flat building comprising 63 apartments and three-storey townhouses comprising 18 units, with basement car parking, landscaping, road construction, drainage works, servicing and associated site works at Lot A in DP336688 and Lot C in DP375004, also known as 47 Ingleburn Road, Leppington, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building – multi-dwellings – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 5, ss 2.3, 4.1B, 4.3, 4.6, 5.9, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 4, 28, 30, Sch 1 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Camden Council, Design Review Panel Terms of Reference and Operational Procedures Category: Principal judgment Parties: Ajay Parasher (First Applicant) Angela Parasher (Second Applicant) Camden Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicants) C Campbell (Solicitor) (Respondent)