Farrugia v City of Parramatta Council [2018] NSWLEC 1690

Farrugia v City of Parramatta Council [2018] NSWLEC 1690

The Court is satisfied that the parties' decision to grant conditional consent to the amended proposal is a lawful exercise of its functions, respects the heritage conservation area, and therefore the appeal is upheld and consent granted.

Jurisdiction
Australia
Judgment Date
24 December 2018
Procedural Posture
Appeal / Post Conciliation Conference, Final Determination
Outcome
Appeal upheld; development application approved, subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'heritage Conservation']
['planning and Environment'] ['development Application' 'conciliation Conference' 'heritage Conservation']

Case Brief

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Procedural Posture

Appeal / Post Conciliation Conference, Final Determination

Legal Issues

  1. 1 ['Whether the amended development proposal respects the scale of the heritage conservation area' 'Whether consent should be granted to the application']

Ratio Decidendi

The Court is satisfied that the parties' decision to grant conditional consent to the amended proposal is a lawful exercise of its functions, respects the heritage conservation area, and therefore the appeal is upheld and consent granted.

Court Disposition

Appeal upheld; development application approved, subject to conditions

Orders

  • ['The applicant is granted leave to amend the application to rely on documentation listed at condition 1 of the conditions of consent at Annexure A.' 'The appeal is upheld.' 'Development Application No. 919/2017 for the construction of a two-storey dwelling with a detached double garage at 6A Lansdowne Street,...