Luo v City of Parramatta Council (No 2)

[2023] NSWLEC 1010

Land and Environment Court

New South Wales

Medium Neutral Citation:

Luo v City of Parramatta Council (No 2) [2023] NSWLEC 1010

Hearing dates:

13-14 June 2022; 26 October 2022

Date of orders:

24 January 2023

Decision date:

24 January 2023

Jurisdiction:

Class 1

Before:

Dixon SC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger’s room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A.

(3) The exhibits are returned except for A. 

Catchwords:

APPEAL – development application – boarding house development – revised plan of management and conditions of consent – final orders made

Cases Cited:

Luo v City of Parramatta Council [2023] NSWLEC 1009

Category:

Principal judgment

Parties:

Fei Luo (Applicant)
City of Parramatta Council (Respondent)

Representation:

Counsel:
G McKee (Solicitor) (Applicant)
D Le Breton (Solicitor) (Respondent)

Solicitors:
McKees Legal Solutions (Applicant)
HWL Ebsworth Lawyers (Respondent)

File Number(s):

2021/360939

Publication restriction:

Nil

Judgment

1. On 11 January 2023, I handed down my reasons for judgment in the Class 1 appeal, Luo v City of Parramatta Council [2023] NSWLEC 1009. At [49] of Luo v City of Parramatta Council, I directed the parties to confer and amend the plan of management and their draft conditions of consent in accordance with my reasons for judgment and to provide a copy to the Court.

2. As I am satisfied having reviewed the agreed conditions provided on 20 January 2023 that they are acceptable, I now make the following orders.

3. The Court orders that:

1. The appeal is upheld.

2. Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger’s room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A.

3. The exhibits are returned except for A.

………………………..

S Dixon

Senior Commissioner of the Court

Annexure A (369779, pdf)

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Decision last updated: 24 January 2023