NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Pankhurst v City of Parramatta Council [2024] NSWLEC 1777 Hearing dates: 9-10 October 2024 Date of orders: 03 December 2024 Decision date: 03 December 2024 Jurisdiction: Class 1 Before: Macken AC Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No DA/961/2022 for the demolition of existing structures and construction of a single-storey ninety-two (92) place centre based childcare facility with twenty-three (23) basement car parking spaces at 21B-23 Barangaroo Road, Toongabbie NSW 2146, is refused. (3) The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION — child care centre – flood risk Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cl 6.3 Parramatta Local Environmental Plan 2023, cll 1.8A, 5.21 Cases Cited: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Texts Cited: City of Parramatta Floodplain Risk Management Policy 2014 Category: Principal judgment Parties: Maureen Pankhurst (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: T Poisel (Applicant) R McCulloch (Solicitor) (Respondent)
Solicitors: Fortis Law (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2023/00293029 Publication restriction: Nil
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