Toplace Pty Ltd v City of Parramatta Council (No 2)

[2021] NSWLEC 1496

Land and Environment Court

New South Wales

Medium Neutral Citation:

Toplace Pty Ltd v City of Parramatta Council (No 2) [2021] NSWLEC 1496

Hearing dates:

3 and 4 May 2021

Date of orders:

31 August 2021

Decision date:

31 August 2021

Jurisdiction:

Class 1

Before:

Espinosa C

Decision:

The Court orders that:

1) The appeal is upheld.

2) Development consent is granted to DA283/2019 construction of a ground water re-use system that will reuse groundwater for irrigation and toilet flushing at 189 Macquarie Street Parramatta legally described at Lot 1 in DP 1214839, subject to conditions as set out in Annexure A.

3) The exhibits are returned, except for A, B, E, 2, 3 and 4.

Catchwords:

DEVELOPMENT APPEAL – groundwater treatment and reuse system – reverse osmosis – construction environmental management plan – how to deal with groundwater pending implementation of reverse osmosis system – conditions of consent – orders

Cases Cited:

Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1454

Category:

Consequential orders

Parties:

Toplace Pty Ltd ACN 135 918 491 (Applicant)
City of Parramatta Council (Respondent)

Representation:

Counsel:
G McKee (Solicitor) (Applicant)
C Morton (Solicitor) (Respondent)

Solicitors:
McKees Legal Solutions (Applicant)
Sparke Helmore (Respondent)

File Number(s):

2020/228352

Publication restriction:

No

Judgment

1. On 6 August 2021, I handed down my reasons for judgment in the Class 1 appeal (Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1454) to uphold the appeal subject to conditions. I directed the Council to prepare and file conditions of consent in the requisite template and to provide them to the Court. Following receipt of the conditions, I am satisfied that the conditions accord with my judgment and I now make the following orders.

2. The Court orders that:

1. The appeal is upheld.

2. Development consent is granted to DA283/2019 construction of a ground water re-use system that will reuse groundwater for irrigation and toilet flushing at 189 Macquarie Street Parramatta legally described at Lot 1 in DP 1214839, subject to conditions as set out in Annexure A.

3. The exhibits are returned, except for A, B, E, 2, 3 and 4.

……………………..

E Espinosa

Commissioner of the Court

Annexure A (286999, pdf)

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Decision last updated: 31 August 2021