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: 1. The Order given by Parramatta City Council pursuant to s 121B dated 31 August 2010 is modified so as to be in terms of the Order annexed hereto and marked "A". 2. The Order as amended is upheld. The Court notes that each party is to pay its own costs of the proceedings. ___________________ Annelise Tuor Commissioner of the Court DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.