Karimbla Properties (No. 61) Pty Ltd v City of Parramatta Council [2024] NSWLEC 1303

Land and Environment Court New South Wales

Medium Neutral Citation: Karimbla Properties (No. 61) Pty Ltd v City of Parramatta Council [2024] NSWLEC 1303 Hearing dates: Conciliation conference held 20 October, 13 November, 15 December 2023, 2 February, 5 March, 2 April, 29 April, 13 May, 17 May 2024 Date of orders: 07 June 2024 Decision date: 07 June 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application No. DA/53/2022 and rely upon the amended plans and documents referred to in condition 1 at Annexure A. (2) Pursuant to s 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 as agreed or assessed. (3) The Applicant's written request, pursuant to cl 4.6 of the Parramatta (former The Hills) Local Environmental Plan 2012 (PLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the PLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA/53/2022 (as amended) for construction of five, 6-18 storey buildings comprising 336 residential apartments, childcare centre for 75 children, 1,906m2 of 18 neighbourhood retail shops, 548 basement car parking spaces, publicly accessible open spaces and through site links, and roads, landscaping and tree removal, at 263-273 Pennant Hills Road and 18 Shirley Street, Carlingford, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.5, 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, s 29 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 4, Sch 9, ss 145, 147, 148 State Environmental Planning Policy (Planning Systems) 2021, Sch 6, s 2.19 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 2.48, 2.118, 2.119, 2.122, 3.23 Parramatta (former The Hills) Local Environmental Plan 2012, cll 2.3, 4.3, 4.6, 5.1, 5.4 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide NSW Department of Planning, Industry and Environment, Child Care Planning Guideline NSW Department of Planning and Environment, Planning Circular PS 20-002 Category: Principal judgment Parties: Karimbla Properties (No. 61) Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) A Foley (Solicitor) (Respondent)