Northmead P Pty Ltd ATF Northmead Discretionary Trust v City of Parramatta Council [2024] NSWLEC 1608

Land and Environment Court New South Wales

Medium Neutral Citation: Northmead P Pty Ltd ATF Northmead Discretionary Trust v City of Parramatta Council [2024] NSWLEC 1608 Hearing dates: 16 and 17 May 2024 Date of orders: 01 October 2024 Decision date: 01 October 2024 Jurisdiction: Class 1 Before: Espinosa C 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 of the application as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application No. 314/2023 for demolition, tree removal and construction of a 72 place child care centre with basement parking at 52 Hammers Road, Northmead subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – compliant development - traffic and pedestrian safety – deferred commencement condition sought by council regarding pedestrian refuge – expert evidence – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.55, 8.7 Environmental Planning and Assessment Regulations 2021, s 38 Uniform Civil Procedure Rules 2005, Div 2, Pt 31, rr 31.19, 31.20, 31.24 Cases Cited: Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Child Care Planning Guideline Conference of Expert Witnesses Policy Parramatta Development Control Plan 2011 Joint Expert Report Policy Category: Principal judgment Parties: Northmead P Pty Ltd ATF Northmead Discretionary Trust ABN 78 970 426 551 ACN 656 063 099 (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Staunton (Applicant) R O'Gorman-Hughes (Respondent)