LDJ Solutions Pty Ltd v City of Parramatta Council [2022] NSWLEC 1154

LDJ Solutions Pty Ltd v City of Parramatta Council [2022] NSWLEC 1154

The amended development application was permissible with consent in the R3 Medium Density Residential zone and satisfied or was capable of approval under the relevant planning instruments and controls, including the Parramatta Local Environmental Plan 2011, State Environmental Planning Policy (Affordable Rental Housing) 2009, the Housing SEPP as certain and imminent, SEPP 55 and BASIX requirements. The amended plans and agreed conditions addressed the issues raised by Council and objectors, and the conditions were capable of being imposed. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment...

Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/531/2021 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; consent granted to the amended development application subject to conditions; Applicant to pay Respondent's costs thrown away in respect of the amended plans.
Legal Topics
['development Application' 'boarding House' 'demolition' 'compatibility With Streetscape' 'access' 'conciliation Conference' 'consent Orders']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'boarding House' 'demolition' 'compatibility With Streetscape' 'access' 'conciliation Conference' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/531/2021 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant consent to the amended development application was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended development application satisfied the relevant jurisdictional prerequisites and applicable planning controls, including permissibility in the R3 Medium Density Residential zone, height, floor space ratio, boarding house provisions, traffic, accessibility, landscaping, contamination, BASIX and consideration of public submissions.']

Ratio Decidendi

The amended development application was permissible with consent in the R3 Medium Density Residential zone and satisfied or was capable of approval under the relevant planning instruments and controls, including the Parramatta Local Environmental Plan 2011, State Environmental Planning Policy (Affordable Rental Housing) 2009, the Housing SEPP as certain and imminent, SEPP 55 and BASIX requirements. The amended plans and agreed conditions addressed the issues raised by Council and objectors, and the conditions were capable of being imposed. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment...

Court Disposition

Appeal upheld; consent granted to the amended development application subject to conditions; Applicant to pay Respondent's costs thrown away in respect of the amended plans.

Orders

  • ['The appeal is upheld.' "Consent is granted to amended Development Application DA/531/2021 on Lot 1001 Deposited Plan 777077 known as 54 Adderton Road, Telopea for a boarding house containing 15 boarding rooms, 1 manager's room, two communal rooms, 8 car parking spaces, 4 motorcycle spaces, subject to the...