Toplace Pty Ltd v City of Parramatta Council [2020] NSWLEC 1617

Toplace Pty Ltd v City of Parramatta Council [2020] NSWLEC 1617

The parties reached agreement to uphold the appeal and approve the modification subject to amended conditions; Transport for NSW no longer pressed the disputed traffic management conditions; and the Court was satisfied there was no legal reason the disputed conditions should not be deleted and that the agreed decision was one the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
08 December 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Imposition of Two Conditions of Consent Accompanying Modification Application Da/852/2013/b / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Final Agreement Between the Parties
Outcome
Appeal upheld; Modification Application DA/852/2013/B approved subject to the conditions set out in Annexure A to the agreement.
Legal Topics
['modification Application' 'conciliation Conference' 'conditions of Consent' 'traffic Management During Construction' 'agreement Between Parties']
['planning and Environment Law' 'development Consent Modification'] ['modification Application' 'conciliation Conference' 'conditions of Consent' 'traffic Management During Construction' 'agreement Between Parties']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Imposition of Two Conditions of Consent Accompanying Modification Application Da/852/2013/b / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Final Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the Class 1 appeal in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether conditions 10A and the relevant part of 56(d) imposed on Modification Application DA/852/2013/B should be deleted.']

Ratio Decidendi

The parties reached agreement to uphold the appeal and approve the modification subject to amended conditions; Transport for NSW no longer pressed the disputed traffic management conditions; and the Court was satisfied there was no legal reason the disputed conditions should not be deleted and that the agreed decision was one the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Modification Application DA/852/2013/B approved subject to the conditions set out in Annexure A to the agreement.

Orders

  • ['The appeal is upheld.' 'Modification Application DA/852/2013/B for the property at 189 Macquarie Street, Parramatta, NSW is approved subject to the conditions set out in Annexure A to this agreement.']