Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28:

1. These proceedings arise following an appeal against the City of Parramatta Council's refusal of development application DA/965/2022, which sought consent for development described as three-lot Torrens title subdivision, bulk earthworks and site infrastructure within the Carter Street Precinct including remediation works, stormwater and drainage works, construction of a new road, utility services works, and landscaping on land known as 15, 29 and 35 Carter Street, Lidcombe (Lot 301 in DP541070, Lot 1 in DP1260687, Lot 12 in DP1217641, Lots 26 - 28 in DP225350) (site).

2. The site is located within the Carter Street Priority Precinct (Precinct), in the City of Paramatta Local Government Area. The Site is bound by Hill Road to the west, Stockyard Boulevard to the north-east, Ibis Street to the south-east and Carter Street to the south.

3. The site comprises an area of 5.276 hectares.

4. The DA was notified from 16 December 2022 to 11 January 2023. No submissions were received during this period.

5. On 13 January 2025, the Sydney Olympic Park Authority, being the authority for area comprising Sydney Olympic Park made a submission in relation to the DA.

6. Pursuant to s 2.48 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (T&I SEPP), the DA was referred to the electricity supply authority for the area, being Ausgrid. On 14 December 2022, Ausgrid recommended the approval of the DA, subject to the imposition of conditions, which are incorporated into the conditions of development consent at Annexure A.

7. The Council referred the DA to Sydney Water in accordance with s 78 of the Sydney Water Act 1994. On 10 January 2023, Sydney Water indicated that it could not confirm servicing availability for the DA. The Council imposed condition 85, requiring the applicant obtain a compliance certificate from Sydney Water prior to the issue of any Occupation Certificate.

8. On 23 November 2023, the Council approved the DA, subject to conditions of development consent.

9. On 2 April 2024, the applicant filed the Class 1 Application (Application) with the Court, pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), in relation to the Council's decision to impose certain conditions of consent, as set out in the Application.

10. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was first held on 28 April 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196803adbb55bcc94c295c5d)

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