Boensch v Parramatta City Council [2013] NSWLEC 94

Boensch v Parramatta City Council [2013] NSWLEC 94

The Court granted the order for determination of the preliminary question, finding it appropriate due to its potential to dispose of the proceedings or achieve substantial savings in time and costs if development consent is found to have lapsed.

Parties
Applicant: Franz Boensch; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
26 June 2013
Procedural Posture
Class 1 Appeal / Preliminary Question Determination
Outcome
Order for determination of preliminary question granted by consent
Legal Topics
Lapsing of Development Consent, Preliminary Questions, Determination of Separate Question
Planning Law Lapsing of Development Consent Preliminary Questions Determination of Separate Question

Case Brief

Summary, issues, holding and outcome

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Parties

Franz Boensch

Applicant

Parramatta City Council

Respondent

Procedural Posture

Class 1 Appeal / Preliminary Question Determination

Legal Issues

  1. 1 Whether development consent DA 333/1996 granted by Parramatta City Council pursuant to Notice of Determination dated 8 May 1998 in respect of the property at 255 Victoria Road Rydalmere has lapsed

Ratio Decidendi

The Court granted the order for determination of the preliminary question, finding it appropriate due to its potential to dispose of the proceedings or achieve substantial savings in time and costs if development consent is found to have lapsed.

Court Disposition

Order for determination of preliminary question granted by consent

Orders

  • Order that the preliminary question as to the lapsing of development consent DA 333/1996 be determined.
  • Applicant to write to Respondent by 5pm on 26 June 2013 detailing documents not produced.