Serobian v City of Parramatta Council [2024] NSWLEC 1841

Land and Environment Court New South Wales

Medium Neutral Citation: Serobian v City of Parramatta Council [2024] NSWLEC 1841 Hearing dates: Conciliation conferences on 26 September, 16, 23 and 28 October 2024 Date of orders: 24 December 2024 Decision date: 24 December 2024 Jurisdiction: Class 1 Before: Kullen AC 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 to the development application, as agreed or assessed, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No 6/2024, for the demolition of existing buildings, construction of a 2-storey, 63 place childcare centre and related landscaping on the land at 30 Rickard Street, Carlingford NSW 2118, legally known as Lot 1 in Deposited Plan 29201, is determined by the grant of development consent, subject to the conditions included in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15; Sch 1 Div 2 s 7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 3 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.25, 3.26 Parramatta Local Environmental Plan 2023, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 6.1, 6.2, 6.5, 6.7 Texts Cited: Parramatta Development Control Plan 2023 Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Patrick Serobian (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Parrino (Applicant) C Campbell (Solicitor) (Respondent)