Wong v City of Parramatta Council [2024] NSWLEC 1597

Land and Environment Court New South Wales

Medium Neutral Citation: Wong v City of Parramatta Council [2024] NSWLEC 1597 Hearing dates: Conciliation conference 11 September 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Consent is granted to Modification Application DA/968/2021/A and accordingly Development Consent DA/968/2021 granted by the Land and Environment Court on 11 October 2023 (LEC Proceedings No. 2022/229334) is modified in the terms set out in Annexure A, to reduce the number of parking spaces from 15 to 5 and reduce the number of basement and lower ground parking levels from 3 to 1 at 14 Cunningham Street, Telopea (2) Development consent DA/968/2021, as modified, is set out in Annexure B. Catchwords: MODIFICATION APPLICATION – s 4.55(8) application to the Court to modify a development consent granted by the Court – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 Parramatta Local Environmental Plan 2011 Parramatta Local Environmental Plan 2023 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 29(2)(e)(iia) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2(1)(da) State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.1 Cases Cited: Luo v City of Parramatta Council [2023] NSWLEC 1009 Wong v City of Parramatta Council [2023] NSWLEC 1596 Texts Cited: City of Parramatta Community Engagement Strategy 2022–2024 Category: Principal judgment Parties: Tham Wan Wong (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)