M Group Invest Pty Ltd v City of Parramatta Council [2024] NSWLEC 1628

M Group Invest Pty Ltd v City of Parramatta Council [2024] NSWLEC 1628

The Court upheld the appeal and granted consent to the amended development application because the application, as amended by agreement between the parties, satisfied all relevant jurisdictional requirements, addressed the respondent's contentions and public submissions, and complied with applicable statutory and...

Source-derived case information.

Parties
Applicant: M Group Invest Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
09 October 2024
Procedural Posture
Development Application Appeal / Judgment After Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered
Legal Topics
Development Application, Childcare Centre, Consent Orders, Amendment of Application, Costs
Planning and Environment Development Application Childcare Centre Consent Orders Amendment of Application Costs

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Summary, issues, holding and outcome

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Parties

M Group Invest Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Development Application Appeal / Judgment After Conciliation Conference and Agreement

Legal Issues

  1. 1 Whether development consent should be granted for the proposed centre-based childcare facility under the relevant planning controls
  2. 2 Whether the amended development application addresses the concerns raised in public submissions and the respondent's contentions
  3. 3 Compliance with statutory and local planning instruments, regulations, and guidelines

Ratio Decidendi

The Court upheld the appeal and granted consent to the amended development application because the application, as amended by agreement between the parties, satisfied all relevant jurisdictional requirements, addressed the respondent's contentions and public submissions, and complied with applicable statutory and planning instruments.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered

Orders

  • Leave to amend Development Application DA/7/2023 is granted and amended plans may be relied upon as per Annexure A.
  • The applicant is to pay the respondent's costs thrown away as result of amending the Development Application in the agreed sum of $3,000.