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

1. COMMISSIONER: Mixed use development is proposed on land comprising six lots that, together, front Moseley Street and Donald Street in Carlingford. The proposal is for two buildings to be constructed in stages. The first building proposed appears as two buildings, identified as Buildings A1 and A2, and is an apartment building of between 4-7 storeys. The second building, identified as Building B proposed comprises a child care centre for 80 children and apartments over a basement carpark at 15A and 15B Moseley Street and 25-31 Donald Street.

2. A total of ninety-one (91) residential units are proposed, comprising a mix of 1-bedroom, 2-bedroom and 3-bedroom apartments.

3. The site comprises the following multiple irregular lots:

* 15A Moseley Street, Carlingford and legally described as Lot 35 DP 536982

* 15B Moseley Street, Carlingford and legally described as Lot 34 DP 536982

* 25 Donald Street, Carlingford and legally described as Lot 5 DP 35555

* 27 Donald Street, Carlingford and legally described as Lot 33 DP 536982

* 29 Donald Street, Carlingford and legally described as Lot 32 DP 536982

* 31 Donald Street, Carlingford and legally described as Lot 2 DP 35555

4. Development Application No. 222/2024 ("the DA") was lodged by the applicant in these proceedings, Captag Investments Pty Ltd ATF Captag Investments Trust (Captag) on 22 April 2024.

5. As the DA was otherwise undetermined, Captag appealed its deemed refusal by City of Parramatta Council on 28 June 2024, under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).

6. On 31 March 2025, the Court directed joint conferencing between experts that the parties agree has resulted in certain amendments to plans and other documents that resolve the contentions pressed by the Respondent in this matter.

7. Accordingly, while the matter was initially listed before me for hearing, the parties sought the matter be re-allocated by the Court under s 34 of the Land and Environment Court Act 1979 (LEC Act).

8. At the conciliation conference, the parties reached agreement on the matters in contention, and a signed agreement was filed with the Court on 23 June 2025, in accordance with s 34(10) of the LEC Act.

9. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are jurisdictional prerequisites, with respect to the following environmental planning instruments that must be satisfied before this function can be exercised:

1) State Environmental Planning Policy (Transport and Infrastructure) 2021.

2) State Environmental Planning Policy (Resilience and Hazards) 2021.

3) State Environmental Planning Policy (Housing) 2021.

4) State Environmental Planning Policy (Biodiversity and Conservation) 2021.

5) State Environmental Planning Policy (Sustainable Buildings) 2022.

6) Parramatta Local Environmental Plan 2023.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197a5591ae57da304ca73e1e)

Disclaimer: Curated by HT Syndication.