Brown v City of Parramatta Council [2024] NSWLEC 1098

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v City of Parramatta Council [2024] NSWLEC 1098 Hearing dates: Conciliation conference held on 26 February 2024 Date of orders: 07 March 2024 Decision date: 07 March 2024 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA/648/2021 seeking demolition of existing structures, tree removal and construction of attached dual occupancy dwellings with Torrens title subdivision into two lots on Lot 18 Sec 2 Deposited Plan 1026, also known as 9 Mars Street, Epping is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy dwellings – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2000, cll 49, 55, 55A Parramatta Local Environmental Plan 2011, cll 2.3, 5.21 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Hilton Thomas Brown (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: G Visentin (Solicitor) (Applicant) M Podinic (Solicitor) (Respondent)