Roumanous v City of Parramatta Council [2021] NSWLEC 1642

Roumanous v City of Parramatta Council [2021] NSWLEC 1642

Because the proposed centre based child care facility was permissible with consent in the R4 High Density Residential zone, complied with applicable height and floor space ratio standards, did not require an acid sulfate soils management plan on the stated basis, had been considered for contamination, satisfied relevant Childcare SEPP requirements, and the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Court was satisfied that granting development consent to the amended application subject to conditions was a decision it could make in the proper exercise of its functions and was required to dispose of the proceedings in accordance with that...

Jurisdiction
Australia
Judgment Date
22 October 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicants to pay respondent's costs thrown away by amendment as agreed or assessed.
Legal Topics
['development Application Appeal' 'child Care Centre' 'conciliation Conference' 'agreement Between Parties' 'amended Development Application' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'child Care Centre' 'conciliation Conference' 'agreement Between Parties' 'amended Development Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could grant development consent to the amended application in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether jurisdictional preconditions for granting consent to the proposed centre based child care facility were satisfied.' "Whether development consent should be granted subject to conditions in accordance with the parties' agreement."]

Ratio Decidendi

Because the proposed centre based child care facility was permissible with consent in the R4 High Density Residential zone, complied with applicable height and floor space ratio standards, did not require an acid sulfate soils management plan on the stated basis, had been considered for contamination, satisfied relevant Childcare SEPP requirements, and the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Court was satisfied that granting development consent to the amended application subject to conditions was a decision it could make in the proper exercise of its functions and was required to dispose of the proceedings in accordance with that...

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicants to pay respondent's costs thrown away by amendment as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is upheld.' 'Development consent is granted to...