Toplace Pty Ltd v City of Parramatta Council [2017] NSWLEC 1594

Land and Environment Court New South Wales

Medium Neutral Citation: Toplace Pty Ltd v City of Parramatta Council [2017] NSWLEC 1594 Hearing dates: 7, 8 and 11 September 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders for matter 16/164375: 1 Leave is granted by the Court to rely on amended plans (Exhibit 11) and amended Modification Application under DA/852/2013/A (Exhibit K). 2 The appeal for the Modification Application under DA/852/2013/A is dismissed. 3 Modification Application, under DA/852/2013/A lodged on 10 July 2015 and amended on 11 September 2017 for Lot 1 DP 1214839, also known as 189 Macquarie Street, Parramatta is refused. 4 The exhibits are returned, except Exhibits 1 and K.

The Court orders regarding matter 16/234920: 1 Leave is granted by the Court to rely on amended plans (Exhibit 11). 2 The appeal of the Order 19(a) is dismissed. 3 The appeal of the Order 19(a), dated 7 July 2017 for the stop work at Lot 1 DP 1214839, known as 189 Macquarie Street, Parramatta is refused. 4 The exhibits are returned, except Exhibit 1 and 11. Catchwords: APPEALS: two separate but related appeals: modification to development application; order to cease work; same development; BCA compliance; permanent dewatering. Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2007 Parramatta Local Environmental Plan 2011 Protection of the Environment Operations Act 1997 State Environmental Planning Policy No 55 - Remediation of Land 2014 Water Management Act 2000 Cases Cited: Ashland Chemicals (A/ASIA) v Wyong Shire Council (unreported 10668 of 1988 1 October 1989) C.S.R. v Wingecarribee Shire Council (No. 2) (Unreported 17 December 1991) Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Seaforth Services Pty. Ltd. v Byron Shire Council (No. 2)((1991) 72 LGRA 44) The Satellite Group (Ultimo) Pty Ltd v Sydney City Council [1998] NSWLEC 244 Vasik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Aquifer Interference Policy 2012, NSW Office of Water Land and Environment Court Practice Note for Class 1 Development Appeals, 27 March 2017 Category: Principal judgment Parties: Toplace Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: Mr P McEwan SC and Dr Beverling (Applicant) Mr Miller and Ms McKelvey (Respondent)