ACFU International Pty Limited and others v City of Paramatta Council [2024] NSWLEC 1505

Land and Environment Court New South Wales

Medium Neutral Citation: ACFU International Pty Limited and others v City of Paramatta Council [2024] NSWLEC 1505 Hearing dates: Conciliation Conference 8 August 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Appeal is upheld. (2) Development application DA159/2021 for the demolition of existing structures and construction of 11 - three storey town houses with basement level parking for twenty-one (21) resident vehicles and four (4) visitor spaces at 45-49 Asquith Street, Silverwater is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – multi dwelling housing stormwater and flood planning – justification of contravention of height of building development standard – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Auburn Local Environmental Plan 2010, cll 4.3, 4.6, 6.1, 6.3, 6.5 Parramatta Local Environmental Plan 2023, cll 1.1AA, 1.8, 1.8A, 4.6, 5.21 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Category: Principal judgment Parties: ACFU International Pty Limited (First Applicant) ABC Share Investment Pty Limited (Second Applicant) CPP Consultant Pty Limited (Third Applicant) City of Parramatta Council (Respondent) Representation: Counsel: C Koikas (Applicant) C Campbell (Solicitor)(Respondent)