Moses v City of Parramatta Council [2024] NSWLEC 1645

Moses v City of Parramatta Council [2024] NSWLEC 1645

As the parties' agreement satisfies all statutory requirements and jurisdictional prerequisites for granting consent, the appeal is upheld and development consent granted for the amended proposal.

Source-derived case information.

Parties
First Applicant: Murphy Moses; Second Applicant: Betty Moses; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Appeal, Dual Occupancy, Development Consent, Conciliation Agreement
Planning and Environment Development Appeal Dual Occupancy Development Consent Conciliation Agreement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Murphy Moses

First Applicant

Betty Moses

Second Applicant

City of Parramatta Council

Respondent

Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the refusal of DA/56/2023 for dual occupancy, basement, lifts, retaining walls, and subdivision should be upheld or overturned
  2. 2 Whether jurisdictional prerequisites for consent are met under relevant environmental planning instruments

Ratio Decidendi

As the parties' agreement satisfies all statutory requirements and jurisdictional prerequisites for granting consent, the appeal is upheld and development consent granted for the amended proposal.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Consent is granted to DA/56/2023 for the construction of an attached two storey dual occupancy with basement, lifts, retaining walls and Torrens title subdivision into 2 lots at Lot 31 DP 270717 and known as 31 Moses Way, Winston Hills NSW 2153 subject to the conditions of consent at Annexure A.