Carlingford Project Pty Ltd v City of Parramatta Council [2024] NSWLEC 1394

Carlingford Project Pty Ltd v City of Parramatta Council [2024] NSWLEC 1394

The Court upheld the appeal and granted consent to the amended DA as the parties reached agreement and demonstrated, through evidence and compliance with the relevant statutory considerations and planning instruments, that the jurisdictional prerequisites for approval were satisfied. Consent conditions addressed issues such as variation to height and FSR, and necessary approvals for water management, noise, and other statutory requirements.

Jurisdiction
Australia
Judgment Date
10 July 2024
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions; costs ordered against applicant.
Legal Topics
['development Application' 'conciliation Conference' 'development Consent' 'planning Law' 'costs Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'development Consent' 'planning Law' 'costs Orders']

Case Brief

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Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application DA/845/2022 should be granted consent subject to conditions' 'Whether the jurisdictional prerequisites for approval under relevant planning instruments and statutes have been satisfied' 'Whether variations to building height and floor space ratio under cl 4.6 of the Parramatta (Former The Hills) LEP 2012 are warranted']

Ratio Decidendi

The Court upheld the appeal and granted consent to the amended DA as the parties reached agreement and demonstrated, through evidence and compliance with the relevant statutory considerations and planning instruments, that the jurisdictional prerequisites for approval were satisfied. Consent conditions addressed issues such as variation to height and FSR, and necessary approvals for water management, noise, and other statutory requirements.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs ordered against applicant.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made in the sum of $21,500, within 28 days." 'The appeal is upheld.' "Development Application DA No. 845/2022 for demolition of existing structures and construction of a 12 storey mixed used development containing 83...