Carlingford Project Pty Ltd v City of Parramatta Council [2024] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: Carlingford Project Pty Ltd v City of Parramatta Council [2024] NSWLEC 1394 Hearing dates: Conciliation conference 22 May 2024 Date of orders: 10 July 2024 Decision date: 10 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is 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 No. 845/2022 for demolition of existing structures and construction of a 12 storey mixed used development containing 83 residential units above 3 levels of basement parking, including the removal of trees at 9-11 Thallon Street, Carlingford, is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – shop top housing – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 7.4, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ch 2, ch 10, ss 6.65, 10.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 , s 4.2 State Environmental Planning Policy (Housing) 2021, ch 4, ss 8, 144, 147, sch 7A, sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.45, 2.48, 2.99, 2.100 Parramatta (Former The Hills) Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 7.2 Parramatta Local Environmental Plan 2023, cl 1.8A Cases Cited: Maule v Liporoni & Anor [2002] NSWLEC 25 Category: Principal judgment Parties: Carlingford Project Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) C Campbell (Respondent)