Hammond v City of Parramatta Council [2021] NSWLEC 1421

Hammond v City of Parramatta Council [2021] NSWLEC 1421

The Court was satisfied that the parties' agreed decision was one it could make in the proper exercise of its functions because the amended carport proposal was compatible with the site's flood hazard, would not impede flood waters or significantly adversely affect flood behaviour or the environment, addressed contamination and draft LEP considerations, and therefore development consent could be granted.

Jurisdiction
Australia
Judgment Date
26 July 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 5/2020 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development application approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'construction of a Carport' 'conciliation Conference' 'flood Planning' 'contaminated Land' 'local Environmental Plan']
['planning and Environment Law' 'development Consent'] ['development Application' 'construction of a Carport' 'conciliation Conference' 'flood Planning' 'contaminated Land' 'local Environmental Plan']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 5/2020 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreement was a decision that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted for the amended proposal under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the proposal satisfied cl 6.3 Flood Planning of the Hornsby Local Environmental Plan 2013.' 'Whether the land contamination consideration under cl 7(1)(a) of State Environmental Planning Policy No 55 – Remediation of Land was satisfied.' 'Whether the draft Parramatta Local Environmental Plan had been considered as required by s 4.15(1)(a)(ii) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one it could make in the proper exercise of its functions because the amended carport proposal was compatible with the site's flood hazard, would not impede flood waters or significantly adversely affect flood behaviour or the environment, addressed contamination and draft LEP considerations, and therefore development consent could be granted.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent at Annexure A.

Orders

  • ['The applicant is granted leave to amend the application to rely on the amended plans and documents listed in the orders.' 'The appeal is upheld.' 'Development Application No. 5/2020 for the construction of a carport with tilt door at 200A Ray Road, Epping, is approved, subject to the conditions of consent at...