Shirley Street Project Pty Ltd v City of Parramatta Council [2024] NSWLEC 1382

The Court upheld the appeal and granted consent to the amended development application, finding parties' agreement satisfied statutory requirements, jurisdictional prerequisites, and mandatory provisions for requested variations.

Parties: Applicant: Shirley Street Project Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction: Australia
Judgment Date: 05 July 2024
Procedural Posture: Class 1 Development Appeal / Final Orders After Conciliation Conference
Outcome: Appeal upheld; development consent granted subject to conditions; costs awarded.
Legal Topics: Development Application, Consent Orders, Variation of Standards

Planning Law Environment Law Development Application Consent Orders Variation of Standards

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 8

Parties

Shirley Street Project Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Orders After Conciliation Conference

Legal Issues

1 Whether the amended development application meets relevant statutory and regulatory requirements
2 Whether variations to minimum lot size, height of buildings, and floor space ratio are permissible
3 Whether appropriate jurisdictional prerequisites are satisfied for consent

Ratio Decidendi

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs awarded.

Orders

Applicant to pay Respondent's costs thrown away as a result of amendments in the sum of $21,500 within 28 days.
Appeal is upheld.