CPG Projects Pty Ltd v City of Parramatta Council [2017] NSWLEC 1154

CPG Projects Pty Ltd v City of Parramatta Council [2017] NSWLEC 1154

As there was agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied such a decision could be properly made, the appeal was upheld, and development consent granted with specified plans and conditions.

Jurisdiction
Australia
Judgment Date
27 March 2017
Procedural Posture
Appeal / Final Orders After S 34 Conciliation Conference
Outcome
Appeal upheld by consent; development consent granted subject to agreement conditions; costs order made
Legal Topics
['development Application' 'heritage Item Retention' 'residential Apartment Construction' 'section 34 Conciliation' 'orders by Agreement']
['planning and Environment'] ['development Application' 'heritage Item Retention' 'residential Apartment Construction' 'section 34 Conciliation' 'orders by Agreement']

Case Brief

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Procedural Posture

Appeal / Final Orders After S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether the appeal against refusal of Development Application No 437/2016 should be upheld' 'Whether the agreement reached at conciliation under s 34(3) of the Land and Environment Court Act 1979 is acceptable and capable of being made by the Court']

Ratio Decidendi

As there was agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied such a decision could be properly made, the appeal was upheld, and development consent granted with specified plans and conditions.

Court Disposition

Appeal upheld by consent; development consent granted subject to agreement conditions; costs order made

Orders

  • ['The Appeal is upheld.' 'Development Application No 437/2016 for retention of an existing local heritage item and construction of a Part 3/ Part 4 storey residential apartment building comprising 2 x 1 bedroom units and 1 x 2 bedroom units with on-grade car parking subject to attached conditions.' 'Applicant...