Golden Harvest (Aust) Pty Ltd v Parramatta City Council [2005] NSWLEC 528

Golden Harvest (Aust) Pty Ltd v Parramatta City Council [2005] NSWLEC 528

Because the amended proposal involved significant departures from Parramatta DCP 2001, had attracted substantial public objections, had not apparently been formally considered by council in its latest form, and the evidence did not include all planning controls needed for an adequate s 79C assessment, the Court considered it appropriate to adjourn the matter and allow the parties to consider a s 82A review or alternative process for council to formalise its position.

Jurisdiction
Australia
Judgment Date
22 September 2005
Procedural Posture
Land and Environment Court Proceedings Concerning a Mixed Use Development / Interim Finding After Final Submissions; Matter Adjourned and Referred to E Court on 6 October 2005
Outcome
Matter adjourned and referred to e-Court on 6 October 2005 for arrangements to complete the matter.
Legal Topics
['development Control Plan' 'height and Bulk' 'mixed Use Development' 'section 82 a Review' 'section 79 C Assessment' 'design Quality Under State Environmental Planning Policy No. 65']
['planning and Environment Law'] ['development Control Plan' 'height and Bulk' 'mixed Use Development' 'section 82 a Review' 'section 79 C Assessment' 'design Quality Under State Environmental Planning Policy No. 65']

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Procedural Posture

Land and Environment Court Proceedings Concerning a Mixed Use Development / Interim Finding After Final Submissions; Matter Adjourned and Referred to E Court on 6 October 2005

Legal Issues

  1. 1 ['Whether the amended mixed use development proposal, with a proposed height of 5-7 storeys compared to a 3 storey maximum in Parramatta DCP 2001, should be determined by the Court without further council consideration.' 'Whether the latest amended plan had been formally considered by council in light of significant variations, public objections and environmental impacts.' 'Whether the evidence before the Court included sufficient planning controls to enable an adequate s 79C assessment.' 'Whether a s 82A review or alternative process should be allowed so council could formalise its position on the development.']

Ratio Decidendi

Because the amended proposal involved significant departures from Parramatta DCP 2001, had attracted substantial public objections, had not apparently been formally considered by council in its latest form, and the evidence did not include all planning controls needed for an adequate s 79C assessment, the Court considered it appropriate to adjourn the matter and allow the parties to consider a s 82A review or alternative process for council to formalise its position.

Court Disposition

Matter adjourned and referred to e-Court on 6 October 2005 for arrangements to complete the matter.

Orders

  • ['The matter is adjourned.' 'The matter is referred to e-Court on 6 October 2005, for arrangements to complete the matter.']