Chowsons Investment Pty Ltd v City of Parramatta Council [2019] NSWLEC 1228

Land and Environment Court New South Wales

Medium Neutral Citation: Chowsons Investment Pty Ltd v City of Parramatta Council [2019] NSWLEC 1228 Hearing dates: Conciliation conference on 27 March 2019 and 26 April 2019. Date of orders: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans and documents listed in condition 1 of Annexure "A" hereto. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in a sum of $10,000. (3) Development Application No DA111/2018 for the demolition of the existing structures and construction of a (3) storey residential flat building pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009, with associated basement parking on land at 37 South Street, Rydalmere, is approved subject to conditions annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Chowsons Investment Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Solicitors: P Saab, Macquarie Lawyers (Applicant) C Morton, Sparke Helmore Lawyers (Respondent) File Number(s): 2018/268315 Publication restriction: No