Staveley v City of Parramatta Council [2024] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Staveley v City of Parramatta Council [2024] NSWLEC 1282 Hearing dates: Conciliation conference held on 18 December 2023, 24 January, 29 February, 14 and 27 March 2024 Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order dated 6 April 2023, file reference JESI:PF 2023/55/2, relating to works at Lot 6 in Deposited Plan 219418 and known as 37 Hillcrest Avenue, Winston Hills NSW 2153, issued by the respondent to the applicant, is modified in accordance with the Development Control Order at Annexure A. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5, Pt 1 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Parramatta Local Environmental Plan 2011 Texts Cited: Standards Australia, AS 1926.1-2012 Swimming pool safety, Part 1: Safety barriers for swimming pools, 2012 Category: Principal judgment Parties: Trevor Staveley (First Applicant) Chelsea Staveley (Second Applicant) City of Parramatta Council (Respondent) Representation: Counsel: T Staveley (Self-represented) (First Applicant) C Staveley (Self-represented) (Second Applicant) C Zoppo (Solicitor) (Respondent)