Champion Home Sales Pty Ltd v Parramatta City Council [2010] NSWLEC 1355

Land and Environment Court of New South Wales

CITATION : Champion Home Sales Pty Ltd v Parramatta City Council [2010] NSWLEC 1355

APPLICANT Champion Home Sales Pty Ltd PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10780 of 2010

CORAM: Tuor C

KEY ISSUES: CONSENT ORDERS - SECTION 121B ORDER :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 26 October 2010

DATE OF JUDGMENT: 26 October 2010

APPLICANT Mr S Malesev (Agent)

LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor of Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

26 October 2010

10780 of 2010 Champion Homes Sales Pty Ltd -v Parramatta City Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 COMMISSIONER: This is an appeal against Order 19 dated 31 August 2010, being a stop work order pursuant to s 121B of the Environmental Planning & Assessment Act 1979 (the Order) issued by Parramatta City Council (council) for a dual occupancy development at 25 Ryde Street Epping. The issues in dispute between the parties have been resolved and the parties are seeking consent orders from the Court. 2 The consent orders seek to modify the Order to require specified works to be undertaken by 30 November 2010. The works relate to adjustments to windowsill heights to conform to the development consent issued by the Court on 3 April 2007 (Appeal number 10532 of 2006). 3 I am satisfied that the issues in dispute between the parties have been satisfactorily resolved and that the consent orders can be issued. Orders 4 The Court orders by consent that: