Australia, April 26 -- New South Wales Land and Environment Court issued text of the following judgement on March 25:

1. TCOMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No 210/2023 (the DA).

2. At the date of its lodgement, on 14 April 2023, the DA sought consent for the demolition of existing structures and construction of a 7 storey mixed use development comprising 3 retail tenancies, and 45 residential apartments over 3 levels of basement parking on the land at 132 Victoria Road, North Parramatta.

3. The subject site is legally described as Lot 1 DP 1007573.

4. The site is located at the north-eastern corner of Victoria Road and Gaggin Street, Parramatta, with an unnamed laneway to the rear of the site.

5. Current uses on the site include a car wash, automotive servicing and a cafe. All existing structures are proposed to be demolished as part of the new development.

6. The DA was notified by the City of Parramatta Council between 26 April 2023 and 24 May 2023 and two submissions were received.

7. The Applicant in these proceedings filed an appeal in Class 1 of the Court's jurisdiction on 22 June 2023 appeal against the Respondent's deemed refusal of the DA.

8. The DA was refused by the Parramatta Local Planning Panel on 23 June 2023.

9. The DA was amended on 14 May 2024, and re-notified by the Respondent. No submissions were received.

10. The amendments included a reduction in the height of the building from seven to five storeys.

11. The matter was part heard by the Court. At the resumed hearing, the parties requested that the proceedings be listed for further conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) on the basis that the contented issues were able to be resolved.

12. The Court arranged a conciliation conference between the parties, in accordance with the provisions of s 34 of the LEC Act, which was held on 27 February 2025. I presided over the conciliation conference.

13. On the basis of amended plans, and additional and revised supporting documents and agreed conditions of consent, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

14. A signed agreement was submitted to the Court on 27 February 2025, in accordance with s 34(10) of the LEC Act.

15. Generally, the agreement approves the development subject to amended plans and supporting documents that were prepared by the Applicant, along with the agreed conditions of consent annexed to the s 34 agreement.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195c539aa133cddab8c767e0)

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