Malouf v City of Parramatta Council [2024] NSWLEC 1072

Land and Environment Court New South Wales

Medium Neutral Citation: Malouf v City of Parramatta Council [2024] NSWLEC 1072 Hearing dates: Conciliation conference held 23 August, 18 September, 27 October, 24 November, 12 December 2023, and 29 January and 2 February 2024 Date of orders: 23 February 2024 Decision date: 23 February 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/221/2022 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed amount of $8,500 within 21 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/221/2022 (as amended) for demolition of existing structures, removal of trees, reconfiguration of subdivision creating two Torrens title lots and seven community title lots, construction of six two-storey dual occupancies and one two-storey dwelling house and subsequent subdivision of dual occupancies, retention of existing dwelling house at 18-20 Lake Street and construction of a new road on the land at 14-20 Lake Street and 55-57 Pennant Hills Road, North Parramatta, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision – dual occupancies – dwelling house – new road – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.14, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, s 38 Parramatta Local Environmental Plan 2011, cll 2.1, 2.3, 2.6, 2.7, 4.1, 4.3, 4.4, 5.10, 6.1, 6.2, 6.11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.77, 2.119. 2.120 Category: Principal judgment Parties: Naaman Graham Malouf (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor) (Respondent)