Nehme v City of Parramatta Council [2024] NSWLEC 1708

Land and Environment Court New South Wales

Medium Neutral Citation: Nehme v City of Parramatta Council [2024] NSWLEC 1708 Hearing dates: Conciliation Conference on 25 October 2024 Date of orders: 05 November 2024 Decision date: 05 November 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 832/2022, as amended, for the demolition of existing structures, tree removal and construction of a three storey, 48 place childcare centre with basement parking for 12 vehicles on land legally described as Lot 14 in Deposited Plan 939772 and known as 62 Boundary Street, Parramatta, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – Development application – childcare centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 8.7, 8.10 Land and Environment Court Act 1979, ss 17, 34 Education and Care Services National Regulations 2011, regs 107, 108 Parramatta Local Environmental Plan 2011, cll 4.3, 4.4, 6.1, 6.2 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, Pt 10.3, s 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.25, 3.26 Texts Cited: Parramatta Development Control Plan 2011 Child Care Planning Guideline Category: Principal judgment Parties: Elias Nehme (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: G Pavlis (Solicitor) (Applicant) K Law (Solicitor) (Respondent)