Epping Surgery Centre Property Pty Ltd v City of Parramatta Council [2018] NSWLEC 1164

Epping Surgery Centre Property Pty Ltd v City of Parramatta Council [2018] NSWLEC 1164

The cl 4.6 request was not well founded because the proposed development did not achieve objectives (b) and (d) of the FSR development standard in cl 4.4 of Parramatta Local Environment Plan 2011, there were insufficient environmental planning grounds to justify varying the standard, and the proposal was not consistent with the objectives of the R2 Low Density Residential zone. Because cl 4.6 operated as a precondition to the exercise of power to grant consent and that precondition was not met, consent could not be granted and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Class 1 Development Appeal / Appeal Against Deemed Refusal of Development Application DA 615/2017
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'r2 Low Density Residential Zone' 'amenity Impacts' 'public Interest']
['planning and Environment Law'] ['development Application' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'r2 Low Density Residential Zone' 'amenity Impacts' 'public Interest']

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Procedural Posture

Class 1 Development Appeal / Appeal Against Deemed Refusal of Development Application DA 615/2017

Legal Issues

  1. 1 ["Whether the Applicant's cl 4.6 request to vary the floor space ratio development standard under cl 4.4 of Parramatta Local Environment Plan 2011 should be upheld." 'Whether the proposed development achieved the objectives of the floor space ratio development standard notwithstanding non-compliance.' 'Whether there were sufficient environmental planning grounds to justify contravening the floor space ratio development standard.' 'Whether the proposed development was consistent with the objectives of the R2 Low Density Residential zone.' 'Whether development consent could be granted for the proposed day surgery facility.']

Ratio Decidendi

The cl 4.6 request was not well founded because the proposed development did not achieve objectives (b) and (d) of the FSR development standard in cl 4.4 of Parramatta Local Environment Plan 2011, there were insufficient environmental planning grounds to justify varying the standard, and the proposal was not consistent with the objectives of the R2 Low Density Residential zone. Because cl 4.6 operated as a precondition to the exercise of power to grant consent and that precondition was not met, consent could not be granted and the appeal was dismissed.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development application DA 615/2017 for the demolition of existing structures and construction of a two storey building to serve as a day surgery facility with associated parking is determined by refusal.' 'The exhibits are returned, with the exception of Exhibits D and 7.']