TCS Architects Pty Ltd v City of Parramatta Council [2021] NSWLEC 1766

TCS Architects Pty Ltd v City of Parramatta Council [2021] NSWLEC 1766

The Court, being satisfied that the agreement between the parties is one which could properly be made under the relevant statutory scheme and that all planning requirements are satisfied, upholds the appeal and grants development consent subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Class 1 Development Appeal / Order After S 34 Conciliation Conference
Outcome
Appeal upheld; development consent granted; costs awarded to respondent.
Legal Topics
['development Applications' 'appeals' 'consent Orders' 'multi Unit Dwellings']
['planning and Environment Law'] ['development Applications' 'appeals' 'consent Orders' 'multi Unit Dwellings']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Order After S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application DA/648/2019 for demolition and construction of multi-unit dwellings should be approved' 'Whether the amended plans and conditions satisfy relevant statutory and planning requirements']

Ratio Decidendi

The Court, being satisfied that the agreement between the parties is one which could properly be made under the relevant statutory scheme and that all planning requirements are satisfied, upholds the appeal and grants development consent subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted; costs awarded to respondent.

Orders

  • ['The appeal is upheld.' "The applicant shall pay the respondent's costs pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 as agreed in the sum of $12,000.00 by 17 December 2021." 'Development consent is granted to development application DA/648/2019 for the demolition of existing structures, tree...