Josam Group Pty Ltd v City of Parramatta Council [2024] NSWLEC 1565

Land and Environment Court New South Wales

Medium Neutral Citation: Josam Group Pty Ltd v City of Parramatta Council [2024] NSWLEC 1565 Hearing dates: Conciliation conferences on 22 March, 15 May and 28 June 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment to the development application, in the sum agreed or assessed, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No. 70/2023 for the demolition of existing structures and the removal of Tree 3, and construction of a two-storey Centre Based Child Care Facility for 72 children and parking for 18 vehicles in a basement level, at Lot 18 DP9899 also known as 57 Ballandella Road, Toongabbie NSW 2146, is approved subject to the conditions included in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.42, 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1 Div 2 s 7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 Parramatta Local Environmental Plan 2011 (repealed), cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.5, 6.6, 6.7 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.7, 6.7, 6.8, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.25, 3.26 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Josam Group Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Reid (Applicant) K Law (Solicitor) (Respondent)