D & C Consortium Pty Ltd v Parramatta City Council [2012] NSWLEC 1108

D & C Consortium Pty Ltd v Parramatta City Council [2012] NSWLEC 1108

The proposed development, although exceeding some controls under the new LEP 2011, is not inconsistent with the objectives and intent of the R2 zone and the planning scheme. The development is permissible through savings provisions, is consistent with the character of the locality, and does not detract from the objectives of the relevant planning instruments.

Jurisdiction
Australia
Judgment Date
02 May 2012
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['development Application' 'local Environmental Plan' 'zoning Objectives' 'statutory Interpretation']
['planning and Environment'] ['development Application' 'local Environmental Plan' 'zoning Objectives' 'statutory Interpretation']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development should be refused as now prohibited under LEP 2011' 'Whether the development satisfies the aims and objectives of the 2B Residential zone under LEP 2001' 'Whether the development is consistent with the objectives and planning intent of the R2 zone' 'Weight to be given to commenced Local Environmental Plan']

Ratio Decidendi

The proposed development, although exceeding some controls under the new LEP 2011, is not inconsistent with the objectives and intent of the R2 zone and the planning scheme. The development is permissible through savings provisions, is consistent with the character of the locality, and does not detract from the objectives of the relevant planning instruments.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' "DA/314/2011 for the demolition of an existing dwelling and construction of a multi unit housing development comprising four townhouses over basement car park at 81 Buller Street, North Parramatta is approved subject to the conditions in Annexure 'A'." 'The exhibits, other than exhibits A...