Urban Link Architects Pty Ltd v City of Parramatta Council [2024] NSWLEC 113

Urban Link Architects Pty Ltd v City of Parramatta Council [2024] NSWLEC 113

The review determination of 27 February 2024 constituted a 'change' of the initial refusal under s 8.4 because the reasons for refusal and the decision date differed materially due to amendments to the proposal; accordingly, the time for appeal started on registration of the review determination and the proceedings were brought within time.

Parties
Applicant, Respondent on the Motion: Urban Link Architects Pty Ltd ACN 639 480 336; Respondent, Applicant on the Motion: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Class 1 Appeal (development Application) / Interlocutory (notice of Motion—application to Strike Out Proceedings)
Outcome
Notice of motion dismissed; no order as to costs.
Legal Topics
Application to Strike Out Proceedings, Time Limits for Bringing Appeal, Development Application Review and Determination, Costs in Class 1 Proceedings
Environmental Law Planning and Development Application to Strike Out Proceedings Time Limits for Bringing Appeal Development Application Review and Determination Costs in Class 1 Proceedings

Case Brief

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Parties

Urban Link Architects Pty Ltd ACN 639 480 336

Applicant, Respondent on the Motion

City of Parramatta Council

Respondent, Applicant on the Motion

Procedural Posture

Class 1 Appeal (development Application) / Interlocutory (notice of Motion—application to Strike Out Proceedings)

Legal Issues

  1. 1 Whether Class 1 proceedings were brought within time pursuant to s 8.10(1) of the Environmental Planning and Assessment Act 1979 (NSW)
  2. 2 Whether Council's review determination dated 27 February 2024 confirmed or changed the initial determination within the meaning of s 8.4 of the Act
  3. 3 If not brought within time, whether review determination was a 'decision' subject to appeal under s 8.6 of the Act

Ratio Decidendi

The review determination of 27 February 2024 constituted a 'change' of the initial refusal under s 8.4 because the reasons for refusal and the decision date differed materially due to amendments to the proposal; accordingly, the time for appeal started on registration of the review determination and the proceedings were brought within time.

Court Disposition

Notice of motion dismissed; no order as to costs.

Orders

  • The notice of motion filed by City of Parramatta Council on 23 September 2024 is dismissed.
  • No order as to costs.