Shirley Street Project Pty Ltd v City of Parramatta Council [2024] NSWLEC 1382

Land and Environment Court New South Wales

Medium Neutral Citation: Shirley Street Project Pty Ltd v City of Parramatta Council [2024] NSWLEC 1382 Hearing dates: Conciliation conference 21 May 2024 Date of orders: 5 July 2024 Decision date: 05 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant to pay the Respondent's costs thrown away as a result of the amendments made in the sum of $21,500, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, within 28 days of these orders. (2) The appeal is upheld. (3) Development Application DA/843/2022 for demolition of existing structures and construction of a 12 storey mixed use development with 81 residential units above two levels of basement parking and lower ground level of parking including removal of trees at 11-17 Shirley Street, Carlingford, is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – mixed use development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Water Management Act 2000, s 90 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 8, 144, 147, Sch 7A, 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, ss 6.65, 10.10 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.45, 2.48, 2.99, 2.100 Parramatta Local Environmental Plan 2023, cl 1.8A Parramatta (Former The Hills) Local Environmental Plan 2012, cll 2.3, 4.1A, 4.3, 4.4, 4.6, 7.2 Category: Principal judgment Parties: Shirley Street Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) C Campbell (Solicitor) (Respondent)