Zahrooni v Parramatta City Council [2017] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: Zahrooni v Parramatta City Council [2017] NSWLEC 1170 Hearing dates: 3 April 2017 Date of orders: 04 April 2017 Decision date: 04 April 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: By consent the Court orders: 1) The applicant is granted leave to rely on amended plans set out in condition 1 of Annexure A; 2) The applicant is to pay the Respondents costs that are thrown away as a result of amending the development application pursuant to s97B of the Environmental Planning and Assessment Act 1979 as may be agreed or assessed; 3) The appeal is upheld; 4) Development Application No. DA/946/2016 HB lodged with the Hills Council on 15 December 2015 for demolition of all structures, tree removal and the subsequent construction of an infill affordable rental housing development containing 10 attached dwellings at Lot 1, DP 212573, being 6 Felton Road is approved subject to the conditions in Annexure A, including the following deferred commencement condition: Pursuant to the provisions of Section 80(3) of the Environmental Planning and Assessment Act, 1979, the development application be granted a Deferred Commencement Consent subject to the completion of the following:

Submission to Council of suitable documentary evidence issued by the Department of Lands confirming the creation of an easement to drain water 1.0 metre wide over a downstream property, benefiting the subject lot known as Lot 1 in DP 212573 (6, Felton Road, Carlingford) and burdening the downstream property known as SP 79261 (237-239, Pennant Hills Road) has been registered with the NSW Land and Property Information Service.