Josam Group Pty Ltd v City of Parramatta Council [2024] NSWLEC 1565

Josam Group Pty Ltd v City of Parramatta Council [2024] NSWLEC 1565

The Court is satisfied that all legislative prerequisites and planning requirements are met by the amended development application and, being bound by s 34(3) of the Land and Environment Court Act 1979, approves the application subject to conditions.

Parties
Applicant: Josam Group Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Development Appeal (class 1) / Final Determination After Conciliation Under S 34 Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; costs order in favour of Respondent.
Legal Topics
Development Application, Child Care Facilities, Appeal, Consent Orders, Local Environmental Plans
Planning Law Environmental Law Development Application Child Care Facilities Appeal Consent Orders Local Environmental Plans

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Parties

Josam Group Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Determination After Conciliation Under S 34 Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the amended development application meets all jurisdictional prerequisites and planning controls for approval under relevant legislation and planning instruments
  2. 2 Whether the development is suitable and in the public interest

Ratio Decidendi

The Court is satisfied that all legislative prerequisites and planning requirements are met by the amended development application and, being bound by s 34(3) of the Land and Environment Court Act 1979, approves the application subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order in favour of Respondent.

Orders

  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment to the development application, in the sum agreed or assessed, such amount to be paid within 28 days of the date of this order.
  • The appeal is upheld.