Mick Riff Railway Pty Ltd v City of Parramatta Council [2024] NSWLEC 1538

Land and Environment Court New South Wales

Medium Neutral Citation: Mick Riff Railway Pty Ltd v City of Parramatta Council [2024] NSWLEC 1538 Hearing dates: Conciliation conference on 17 June and 11 July 2024 Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed, in the amount of $4,500.00. (2) The appeal is upheld. (3) Development Application DA/980/2022, as amended, for the demolition of existing structures, tree removal and construction of a two-storey, 108 place centre based child care facility with basement parking for 24 vehicles, at 53-57 Railway Street, Granville, legally known as 6A DP 160801 and 5B DP 160801 and 5A DP 160801, is determined by the grant of Development Consent subject to the conditions set out in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – child care centre –amended plans – conciliation conference – agreement reached – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations (2011 SI 653) Environmental Planning and Assessment Regulation 2021, s 38 Holroyd Local Environmental Plan 2013, cl 4.3 State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2, 3, s 3.23 Texts Cited: NSW Child Care Planning Guidelines Category: Principal judgment Parties: Mick Riff Railway Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Reid (Applicant) C Campbell (Solicitor) (Respondent)