Hy-Tec Industries v Parramatta City Council [2022] NSWLEC 1041

Hy-Tec Industries v Parramatta City Council [2022] NSWLEC 1041

The grant of development consent is justified as the proposed temporary cement batching plant, with conditions, satisfies all relevant statutory and planning requirements. The contravention of the building height standard is minor, justified on environmental planning grounds, consistent with the zone and standard objectives, and is supported by expert evidence that all adverse impacts are addressed or mitigated. Accordingly, the Court is satisfied to exercise its discretion under cl 4.6 to permit the height variation and grants consent subject to conditions.

Jurisdiction
Australia
Judgment Date
28 January 2022
Procedural Posture
Appeal (class 1) / Final Judgment/decision on Appeal
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application' 'temporary Concrete Batching Plant' 'environmental Impact Assessment' 'contaminated Land' 'heritage Impact' 'flooding' 'stormwater Management' 'noise and Vibration' 'coastal Wetland Impact' 'zoning and Land Use' 'building Height Variation']
['planning and Environment Law'] ['development Application' 'temporary Concrete Batching Plant' 'environmental Impact Assessment' 'contaminated Land' 'heritage Impact' 'flooding' 'stormwater Management' 'noise and Vibration' 'coastal Wetland Impact' 'zoning and Land Use' 'building Height Variation']

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Procedural Posture

Appeal (class 1) / Final Judgment/decision on Appeal

Legal Issues

  1. 1 ['Whether consent should be granted for a temporary concrete batching plant at 37A Grand Avenue, Camellia, with variation of building height standard under cl 4.6 of the Parramatta Local Environmental Plan 2011 and having regard to environmental, amenity, heritage, flooding, contamination, and planning controls.']

Ratio Decidendi

The grant of development consent is justified as the proposed temporary cement batching plant, with conditions, satisfies all relevant statutory and planning requirements. The contravention of the building height standard is minor, justified on environmental planning grounds, consistent with the zone and standard objectives, and is supported by expert evidence that all adverse impacts are addressed or mitigated. Accordingly, the Court is satisfied to exercise its discretion under cl 4.6 to permit the height variation and grants consent subject to conditions.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ["The Applicant's written request under clause 4.6 of the Parramatta Local Environmental Plan 2011 for contravention of the maximum height development standard imposed by clause 4.3 of the Parramatta Local Environmental Plan 2011 is upheld." 'The appeal is upheld.' 'DA/749/2021 for the installation and operation of...