Electric Pty Ltd v City of Parramatta Council [2023] NSWLEC 1206

Electric Pty Ltd v City of Parramatta Council [2023] NSWLEC 1206

The appeal is upheld and development consent granted pursuant to agreement between the parties, as amended plans and agreed conditions satisfy relevant legal and planning requirements including flood planning, permissible use, building height, and SEPP (Affordable Rental Housing) standards.

Parties
Applicant: Electric Pty Ltd ACN 071863440; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
03 May 2023
Procedural Posture
Development Appeal / Conciliation Conference Decision and Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Consent, Boarding Houses, Flood Planning, Local Environmental Plans
Planning and Environment Development Consent Boarding Houses Flood Planning Local Environmental Plans

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Parties

Electric Pty Ltd ACN 071863440

Applicant

Parramatta City Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference Decision and Final Orders

Legal Issues

  1. 1 Whether the amended development application meets jurisdictional prerequisites for consent, particularly flood planning requirements
  2. 2 Whether consent can be granted under relevant planning instruments including the Parramatta Local Environmental Plan 2011 and State Environmental Planning Policy (Affordable Rental Housing) 2009

Ratio Decidendi

The appeal is upheld and development consent granted pursuant to agreement between the parties, as amended plans and agreed conditions satisfy relevant legal and planning requirements including flood planning, permissible use, building height, and SEPP (Affordable Rental Housing) standards.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The Appeal is upheld.
  • Development Application No. DA/100/2021 is granted consent subject to Annexure A conditions for demolition, tree removal, and construction of a three storey boarding house at 5 Buller Street, North Parramatta.