JACQST Construction Pty Ltd v Parramatta City Council [2019] NSWLEC 1086

JACQST Construction Pty Ltd v Parramatta City Council [2019] NSWLEC 1086

The appeal is upheld and conditional development consent is granted because all jurisdictional prerequisites have been satisfied, the development proposal is permitted by the Parramatta Local Environmental Plan 2011, statutory requirements regarding heritage protection, environmental controls, notification, and sequencing are met, and submitter concerns have been addressed.

Jurisdiction
Australia
Judgment Date
04 March 2019
Procedural Posture
Appeal / Conciliation Conference Resolution
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'heritage Protection' 'subdivision' 'dual Occupancy' 'residential Zoning' 'acid Sulfate Soils' 'earthworks' 'notification and Submissions']
['planning and Environment Law'] ['development Application' 'heritage Protection' 'subdivision' 'dual Occupancy' 'residential Zoning' 'acid Sulfate Soils' 'earthworks' 'notification and Submissions']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference Resolution

Legal Issues

  1. 1 ['Whether the development application satisfies statutory requirements for consent' 'Heritage protection and impact compliance' 'Sequencing and permissibility of lot consolidation and subdivision' 'Compliance with acid sulfate soils and earthworks controls' 'Consideration of potential contamination and adequacy of remediation' 'Adequacy of notification and addressing submitter concerns']

Ratio Decidendi

The appeal is upheld and conditional development consent is granted because all jurisdictional prerequisites have been satisfied, the development proposal is permitted by the Parramatta Local Environmental Plan 2011, statutory requirements regarding heritage protection, environmental controls, notification, and sequencing are met, and submitter concerns have been addressed.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on plan Ref 2018-623-01B revision B prepared by McLaren Traffic Engineering dated 18/12/2018.' 'The appeal is upheld.' 'Development consent is granted to DA/292/2017 to be carried out in the prescribed four-part sequence on 8 Melville Street and 14 Gould Place, Parramatta,...