ACFU International Pty Limited and others v City of Paramatta Council [2024] NSWLEC 1505

ACFU International Pty Limited and others v City of Paramatta Council [2024] NSWLEC 1505

The Court was satisfied that the jurisdictional prerequisites identified by the parties were met, including that the cl 4.6 written request adequately justified the height contravention and that the proposed development was consistent with the relevant objectives and in the public interest. The Court was also...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 August 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Appeal' 'multi Dwelling Housing' 'stormwater and Flood Planning' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Conference Orders']
['planning and Environment Law' 'development Consent' 'land and Environment Court Proceedings'] ['development Appeal' 'multi Dwelling Housing' 'stormwater and Flood Planning' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Conference Orders']

Source-derived case record

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted under s 4.16 of the Environmental Planning and Assessment Act 1979 for DA159/2021.' 'Whether the written request under cl 4.6 of the Auburn Local Environmental Plan 2010 adequately justified contravention of the height of buildings development standard in cl 4.3.' 'Whether relevant flood planning, stormwater, contamination, water quality and BASIX requirements had been addressed.']

Ratio Decidendi

The Court was satisfied that the jurisdictional prerequisites identified by the parties were met, including that the cl 4.6 written request adequately justified the height contravention and that the proposed development was consistent with the relevant objectives and in the public interest. The Court was also satisfied that applicable planning controls concerning acid sulfate soils, flooding, essential services, contamination, water quality and BASIX had been adequately addressed. Because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance...

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The Appeal is upheld.' 'Development application DA159/2021 for the demolition of existing structures and construction of 11 - three storey town houses with basement level parking for twenty-one (21) resident vehicles and three (3) visitor spaces at 45-49 Asquith Street, Silverwater is determined by the grant of...