Glanville v City of Parramatta Council [2024] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: Glanville v City of Parramatta Council [2024] NSWLEC 1059 Hearing dates: Conciliation conferences on 7 September, 4 October, 15 and 29 November 2023. Date of orders: 20 February 2024 Decision date: 20 February 2024 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/116/2023, as amended, for the demolition of existing buildings and construction of a child care centre, at 73 Murray Farm Road Carlingford 2118, legally known as Lot 5 DP 542112, 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: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 4.46, 8.7, 8.15, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, ss 34, 39 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 Parramatta (former The Hills) Local Environmental Plan 2012, cll 4.3, 4.4, 7.2 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.24, 3.25 and 3.26 Cases Cited: Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline 2021 The Hills Development Control Plan 2011 Parramatta Community Participation Plan 2022 Category: Principal judgment Parties: Joshua Glanville (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)