Zedcorp Pty Ltd v Parramatta City Council [2019] NSWLEC 1010

Zedcorp Pty Ltd v Parramatta City Council [2019] NSWLEC 1010

The Court upheld the appeal and approved the amended development application because the parties reached an agreement under s 34(3), the Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions, and the amended proposal met the relevant preconditions for consent, including permissibility in the R4 High Density zone, compliance with height and floor space ratio controls, resolution of Council's contentions, and BASIX compliance.

Jurisdiction
Australia
Judgment Date
16 January 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 1254/2016 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environmental Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'section 34 Agreement' 'floor Space Ratio' 'building Height' 'design Quality' 'basix Compliance']
['planning and Environment' 'development Consent'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'section 34 Agreement' 'floor Space Ratio' 'building Height' 'design Quality' 'basix Compliance']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA 1254/2016 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environmental Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement reached at conciliation under s 34(3) of the Land and Environmental Court Act 1979." 'Whether the amended development application satisfied the preconditions to the grant of development consent.' "Whether the amended residential flat building proposal addressed the Council's contentions concerning floor space ratio, height, design controls, amenity, parking, and impacts on neighbours."]

Ratio Decidendi

The Court upheld the appeal and approved the amended development application because the parties reached an agreement under s 34(3), the Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions, and the amended proposal met the relevant preconditions for consent, including permissibility in the R4 High Density zone, compliance with height and floor space ratio controls, resolution of Council's contentions, and BASIX compliance.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely on the amended plans (as referred to in condition 1 of Annexure "A") for the purpose of the development application.' "The applicant is to pay the respondent's costs thrown away as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act...