Wong v City of Parramatta Council [2024] NSWLEC 1597

Wong v City of Parramatta Council [2024] NSWLEC 1597

The modification application relates to substantially the same development as originally approved, meets statutory requirements of consultation, notification, and consideration of submissions, and aligns with current planning policies regarding parking for boarding houses. Accordingly, consent is granted to modify the development as agreed by the parties.

Parties
Applicant: Tham Wan Wong; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
27 September 2024
Procedural Posture
Modification Application (class 1) / Final Judgment After Conciliation Conference
Outcome
Modification application approved; development consent varied as specified.
Legal Topics
Modification of Development Consent, Jurisdictional Requirements for Modification Applications, Conciliation Conference, Boarding House Development, Car Parking Provisions
Environmental and Planning Law Modification of Development Consent Jurisdictional Requirements for Modification Applications Conciliation Conference Boarding House Development Car Parking Provisions

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Parties

Tham Wan Wong

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Modification Application (class 1) / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the modification application meets jurisdictional requirements under s 4.55 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the modified development is substantially the same as originally approved
  3. 3 Whether adequate consultation and notification have occurred

Ratio Decidendi

The modification application relates to substantially the same development as originally approved, meets statutory requirements of consultation, notification, and consideration of submissions, and aligns with current planning policies regarding parking for boarding houses. Accordingly, consent is granted to modify the development as agreed by the parties.

Court Disposition

Modification application approved; development consent varied as specified.

Orders

  • Consent granted to Modification Application DA/968/2021/A; Development Consent DA/968/2021 modified as per Annexure A, reducing parking spaces from 15 to 5 and basement parking levels from 3 to 1 at 14 Cunningham Street, Telopea.
  • Development consent DA/968/2021, as modified, set out in Annexure B.