Hy-Tec Industries Pty Limited v Parramatta City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Hy-Tec Industries Pty Limited v Parramatta City Council [2015] NSWLEC 1047 Hearing dates:16 & 17 February 2015Date of orders: 20 February 2015 Decision date: 20 February 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal Upheld Catchwords: Designated Development: Concrete Batching Plant; visual impact Legislation Cited: Environmental Planning and Assessment Act 1979; Parramatta Local Environmental Plan 2011; State Environmental Planning Policy No 33 – Hazardous and Offensive Development; State Regional Environmental Plan (Sydney Harbour Catchment) 2005; State Environmental Planning Policy 55 – Remediation of Land; State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Parramatta Development Control Plan 2011 Category:Principal judgmentParties: Hy-Tec Industries Pty Limited (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Mr S Nash (Respondent) Solicitors: Mr A Beatty, Beatty Legal Pty Limited Mr P Couch, Sparke Helmore Lawyers File Number(s):11069 of 2014Judgment Hy-Tec Industries Pty Limited lodged Development Application DA/203/2014 with Parramatta City Council on 15 April 2014 seeking consent for tree removal, construction and operation of a concrete batching plant with a capacity of 150,000cubic metres of concrete annually and for a temporary mobile concrete batching plant on the northern part of the site at Lot 1 DP 870814, Nos 4-6 Shirley Street, Rosehill. The council had not determined the application in the prescribed period and Hy-Tec appealed its deemed refusal. The council has subsequently refused consent. The primary issues in the case were...