1 Tracey Pty Ltd v City of Parramatta Council [2024] NSWLEC 1469

Land and Environment Court New South Wales

Medium Neutral Citation: 1 Tracey Pty Ltd v City of Parramatta Council [2024] NSWLEC 1469 Hearing dates: Conciliation conference held 6 May, 22 May, 7 June, 21 June and 19 July 2024 Date of orders: 06 August 2024 Decision date: 06 August 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/424/2023 and rely upon the amended plans referred to at Condition 2 of 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 in the agreed sum of $1,800 within 48 hours of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/424/2023 (as amended) for the demolition of existing dwelling, tree removal and the construction of a two-storey childcare centre with basement parking at 1 Tracey Avenue, Carlingford, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – childcare centre – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Education and Care Services National Regulations 2011, ss 107, 108 Parramatta Local Environmental Plan 2023, cll 2.3, 6.1, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ch 3, ss 3.22, 3.23, 3.25, 3.26 Texts Cited: The Hills Shire Tree Management Manual, 2017 NSW Child Care Planning Guideline, 2021 Category: Principal judgment Parties: 1 Tracey Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: C Ters (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)