Martopea Pty Ltd v City of Parramatta Council [2024] NSWLEC 1772

Land and Environment Court New South Wales

Medium Neutral Citation: Martopea Pty Ltd v City of Parramatta Council [2024] NSWLEC 1772 Hearing dates: Conciliation Conference held 14 and 24 October 2024 Date of orders: 03 December 2024 Decision date: 03 December 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 respondent's costs that have been thrown away as a result of the amendment of the development application in the agreed sum of $3,000 within 28 days. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. DA/115/2023 (as amended) for the demolition of existing structures, tree removal, and construction of a three (3) storey 80 place child care centre with parking and associated landscaping and drainage works on land legally described as Lots 699 and 700 in DP 36743 and known as 54 – 56 Marshall Road, Telopea, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Regulations, s 38 Parramatta Local Environmental Plan 2023, cl 1.8A Parramatta Local Environmental Plan 2011, cll 2.7, 4.3, 4.4, 4.5, 6.2, 6.12, 8.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.26 Texts Cited: Community Engagement Strategy 2022–2024 Child Care Planning Guideline Category: Principal judgment Parties: Martopea Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: J Reid (Applicant) C Campbell (Solicitor)(Respondent)