Sixjay Holdings Pty Ltd v City of Parramatta Council [2021] NSWLEC 1168

Sixjay Holdings Pty Ltd v City of Parramatta Council [2021] NSWLEC 1168

The Court was satisfied that the relevant pre-jurisdictional requirements had been met, including permissibility in the R2 Low Density Residential zone under the Hornsby Local Environmental Plan 2013, flood planning requirements, remediation suitability under State Environmental Planning Policy No 55—Remediation of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 April 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da16/2020 / Conciliation Conference; Orders Made by Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 16/2020 approved subject to conditions.
Legal Topics
['development Application' 'dwelling House Development' 'flood Affected Site' 'remediation of Land' 'basix' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'dwelling House Development' 'flood Affected Site' 'remediation of Land' 'basix' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da16/2020 / Conciliation Conference; Orders Made by Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 relevant environmental planning instruments and pre-jurisdictional requirements were satisfied for approval of the development application.']

Ratio Decidendi

The Court was satisfied that the relevant pre-jurisdictional requirements had been met, including permissibility in the R2 Low Density Residential zone under the Hornsby Local Environmental Plan 2013, flood planning requirements, remediation suitability under State Environmental Planning Policy No 55—Remediation of Land, and BASIX certificate requirements. Because the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; Development Application DA 16/2020 approved subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Development Application DA 16/2020 for construction of 3 x two-storey dwelling houses on three separate Torrens Title allotments, including landscaping and engineering works on land legally described as Lots 1, 2 and 3 in DP 1235374 known as 147A, 147B & 147C Ray Road, Epping, NSW is...