Champion Home Sales Pty Ltd v Parramatta City Council

[2010] NSWLEC 1355

NEW SOUTH WALES LAND AND ENVIRONMENT COURT

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

PARTIES:
APPLICANT
Champion Home Sales Pty Ltd

RESPONDENT
Parramatta City Council

FILE NUMBER(S):
10780 of 2010

CATCHWORDS:
CONSENT ORDERS; SECTION 121B ORDER

LEGISLATION CITED:
Environmental Planning and Assessment Act 1979

CORAM:
Tuor C

DATES OF HEARING:
26 October 2010

JUDGMENT DATE:
26 October 2010

LEGAL REPRESENTATIVES

APPLICANT
Mr S Malesev (Agent)

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

1. 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