D & C Consortium Pty Ltd v Parramatta City Council [2012] NSWLEC 1369

D & C Consortium Pty Ltd v Parramatta City Council [2012] NSWLEC 1369

The proposed development, although prohibited under LEP 2011, is permissible due to the operation of the savings and transitional provisions. The development is consistent with the broad aims and objectives of the LEP 2011 and the R2 Low Density Residential zone as its built form, bulk, and scale do not undermine the plan’s objectives and are in keeping with the established and future character of the locality. Significant weight is given to the new LEP but the proposal’s consistency with planning objectives overrides its technical non-compliance.

Parties
Applicant: D & C Consortium Pty Ltd; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
02 May 2012
Procedural Posture
Appeal Against Refusal of Development Application / Final Judgment
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Applications, Local Environmental Plans, Zoning, Interpretation of Planning Controls, Public Interest in Planning
Planning Law Local Government Development Applications Local Environmental Plans Zoning Interpretation of Planning Controls Public Interest in Planning

Case Brief

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Parties

D & C Consortium Pty Ltd

Applicant

Parramatta City Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Judgment

Legal Issues

  1. 1 Whether development application should be refused as prohibited under Parramatta Local Environmental Plan 2011
  2. 2 Whether development is consistent with the objectives and planning intent of the applicable zoning controls (LEP 2001/2011)
  3. 3 Appropriate weight to be given to new local environmental plan that has commenced but whose savings provisions apply

Ratio Decidendi

The proposed development, although prohibited under LEP 2011, is permissible due to the operation of the savings and transitional provisions. The development is consistent with the broad aims and objectives of the LEP 2011 and the R2 Low Density Residential zone as its built form, bulk, and scale do not undermine the plan’s objectives and are in keeping with the established and future character of the locality. Significant weight is given to the new LEP but the proposal’s consistency with planning objectives overrides its technical non-compliance.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA/314/2011 is approved subject to conditions in Annexure 'A'.