Dvci Pty Ltd v City of Parramatta Council (No 2)

Dvci Pty Ltd brought proceedings against the City of Parramatta Council in the Land and Environment Court of New South Wales, seeking review of the Council’s refusal to grant approval for a development application. The development sought the construction of a new residential building on land owned by the Applicant. The Council had refused consent on the basis that the proposal did not comply with certain zoning and development control requirements under the Parramatta Local Environmental Plan 2016.

The primary legal issue the Court needed to determine was whether the Council was correct in its decision to refuse development consent, given the Applicant’s argument that the proposal complied with the relevant planning instruments. The Court also had to consider whether the Council’s decision was otherwise legally flawed, including whether there was any procedural unfairness or error in the application of the planning scheme.

The Court found that the proposal did not comply with certain zoning and development control requirements, particularly those relating to the height and bulk of the proposed building. The Court concluded that the Council's decision was not legally flawed, and the refusal of development consent was appropriate. The Court directed the parties to prepare revised agreed conditions of consent, which, if complied with, would result in the grant of development consent.

The Court ordered that the parties were to file revised agreed conditions by a specified date, and the matter was listed for mention on a particular date. Should the parties comply with the direction, the mention would be vacated and orders granting development consent would be made in chambers. The matter was adjourned until the specified mention date.