Tompkin Whittle Pty Limited v Parramatta City Council [2009] NSWLEC 1252

Tompkin Whittle Pty Limited v Parramatta City Council [2009] NSWLEC 1252

The appeal was upheld because the parties had resolved the relevant issues, the amended hours, patron numbers, security arrangements and plan of management were acceptable, public safety concerns had been addressed, and the council was satisfied with sustainability, waste management and engineering matters; the Commissioner was independently satisfied that development consent should be granted on the settled conditions.

Jurisdiction
Australia
Judgment Date
12 May 2009
Procedural Posture
Development Application Appeal / Ex Tempore Judgment Following S 34 Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
['development Application' 'integrated Development' 'development Consent' 'registered Club' 'conciliation Conference' 'public Safety and Security Arrangements' 'hours of Operation and Patron Numbers']
['planning and Environment Law'] ['development Application' 'integrated Development' 'development Consent' 'registered Club' 'conciliation Conference' 'public Safety and Security Arrangements' 'hours of Operation and Patron Numbers']

Case Brief

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Procedural Posture

Development Application Appeal / Ex Tempore Judgment Following S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition of the existing building at 5-7 Parkes Street, Parramatta and replacement with a two storey registered club with two levels of basement car parking.' 'Whether public safety, security arrangements, hours of operation, patron numbers, sustainability, waste management and engineering issues had been satisfactorily addressed.']

Ratio Decidendi

The appeal was upheld because the parties had resolved the relevant issues, the amended hours, patron numbers, security arrangements and plan of management were acceptable, public safety concerns had been addressed, and the council was satisfied with sustainability, waste management and engineering matters; the Commissioner was independently satisfied that development consent should be granted on the settled conditions.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • ['Development consent granted in terms of the conditions settled between the parties.' 'Exhibits comprising the plans of the proposal retained.']