1 Tracey Pty Ltd v City of Parramatta Council [2024] NSWLEC 1469

1 Tracey Pty Ltd v City of Parramatta Council [2024] NSWLEC 1469

Because the amended development application was made with owner consent, public submissions and relevant planning instruments had been considered, the childcare centre was permissible with consent in the R2 Low Density Residential zone, applicable development standards and environmental planning controls were...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/424/2023 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application DA/424/2023 as amended, subject to conditions.
Legal Topics
['development Application' 'childcare Centre' 'deemed Refusal Appeal' 'conciliation Conference' 'amended Development Application' 'conditions of Consent']
['planning and Environment Law' 'development Consent'] ['development Application' 'childcare Centre' 'deemed Refusal Appeal' 'conciliation Conference' 'amended Development Application' 'conditions of Consent']

Source-derived case record

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/424/2023 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether leave should be granted to amend Development Application DA/424/2023 and rely on amended plans.' 'Whether the agreed decision to uphold the appeal and grant development consent to the amended development application was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the amended development application satisfied the relevant jurisdictional prerequisites and planning controls, including owner consent, public submissions, permissibility in the R2 Low Density Residential zone, development standards, contamination, vegetation, childcare facility requirements, traffic, parking, landscaping, stormwater drainage and acoustic impacts.']

Ratio Decidendi

Because the amended development application was made with owner consent, public submissions and relevant planning instruments had been considered, the childcare centre was permissible with consent in the R2 Low Density Residential zone, applicable development standards and environmental planning controls were satisfied, and the agreed amendments resolved the Respondent's contentions, the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application DA/424/2023 as amended, subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA/424/2023 and rely upon the amended plans referred to at Condition 2 of Annexure A.' "Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending...