DVCI Pty Ltd v City of Parramatta Council (No 2) [2020] NSWLEC 1319

DVCI Pty Ltd v City of Parramatta Council (No 2) [2020] NSWLEC 1319

The proposed development, as amended and subject to specified conditions addressing matters of acoustic mitigation, landscaping, design, amenities, remediation, and management, is compatible with the local character, streetscape, and zoning; satisfies the relevant statutory requirements; and the residual and cumulative impacts are acceptable. The issues in contention either can be or have been remedied by appropriate conditions, and there is no reason for refusal. The application should proceed to the making of final orders for development consent once conditions are agreed.

Parties
Applicant: DVCI Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
23 July 2020
Procedural Posture
Appeal Against Refusal of Development Application / Post Hearing, Directions Issued Pending Final Orders
Outcome
Directions issued for settling of agreed conditions; final orders for grant of development consent to be made upon compliance with directions
Legal Topics
Development Application, Child Care Centre, Acoustic Mitigation, Local Character and Streetscape, Statutory Interpretation
Planning Law Environmental Law Development Application Child Care Centre Acoustic Mitigation Local Character and Streetscape Statutory Interpretation

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Parties

DVCI Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Post Hearing, Directions Issued Pending Final Orders

Legal Issues

  1. 1 Whether the amended development application for a child care centre is acceptable for the site
  2. 2 Whether the proposal is compatible with the local character and streetscape
  3. 3 Whether acoustic mitigation measures and scheduling of play areas are acceptable

Ratio Decidendi

The proposed development, as amended and subject to specified conditions addressing matters of acoustic mitigation, landscaping, design, amenities, remediation, and management, is compatible with the local character, streetscape, and zoning; satisfies the relevant statutory requirements; and the residual and cumulative impacts are acceptable. The issues in contention either can be or have been remedied by appropriate conditions, and there is no reason for refusal. The application should proceed to the making of final orders for development consent once conditions are agreed.

Court Disposition

Directions issued for settling of agreed conditions; final orders for grant of development consent to be made upon compliance with directions

Orders

  • The parties are to file revised agreed conditions of consent by 30 July 2020.
  • Matter listed for mention at 4:15pm on 4 August 2020.