Kirribilli Capital Pty Ltd v City of Parramatta Council [2024] NSWLEC 1605

Land and Environment Court New South Wales

Medium Neutral Citation: Kirribilli Capital Pty Ltd v City of Parramatta Council [2024] NSWLEC 1605 Hearing dates: Conciliation conference on 16 May and 29 August 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs that have been thrown away, in the amount of $4,000, as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to development application DA/517/2023, as amended, for the demolition of existing structures and construction of a two-storey 86-place centre-based childcare facility with 24 on-site car parking spaces at 5 Mary Street, Northmead, NSW 2152, subject to the conditions in the annexure marked "A". Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a two storey 86-place childcare centre – conciliation conference – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 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 2023, cll 2.3, 4.3, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 2.3, 6.1, 6.6, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.23, 3.26 Texts Cited: Department of Planning, Industry and Environment, Child care planning guideline, 2021 The Hills Development Control Plan 2012 Category: Principal judgment Parties: Kirribilli Capital Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: T Poisel (Applicant) C Campbell (Solicitor) (Respondent)