GMD Campbell Pty Ltd v City of Parramatta Council [2024] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: GMD Campbell Pty Ltd v City of Parramatta Council [2024] NSWLEC 1116 Hearing dates: Conciliation conference on 22 January 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $9,000. (2) The appeal is upheld. (3) Development Application No 996/2022 for the demolition, tree removal and construction of a two-storey 'Centre Based Child Care Facility' for 83 children with 22 car spaces within the basement level at the property comprised in folio identifiers A/415121 and B/415121 and known as 11 Campbell Street, Northmead NSW 2152 and 13 Campbell Street, Northmead NSW 2152 is approved subject to the conditions included at Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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, s 34 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Regulation 2021, s 38 Parramatta (former The Hills) Local Environmental Plan 2012, cl 2.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.22 Texts Cited: The Hills Development Control Plan 2012 Category: Principal judgment Parties: GMD Campbell Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor) (Respondent)