Luo v City of Parramatta Council (No 2)

Land and Environment Court

New South Wales

Medium Neutral Citation: Luo v City of Parramatta Council (No 2) [2023] NSWLEC 1010
Hearing dates: 13-14 June 2022; 26 October 2022
Date of orders: 24 January 2023
Decision date: 24 January 2023
Jurisdiction: Class 1
Before: Dixon SC
Decision:
The Court orders:
(1) The appeal is upheld.
(2) Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger’s room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A.
(3) The exhibits are returned except for A.

Catchwords:
APPEAL – development application – boarding house development – revised plan of management and conditions of consent – final orders made

Cases Cited:
Luo v City of Parramatta Council [2023] NSWLEC 1009

Category: Principal judgment
Parties: Fei Luo (Applicant)
City of Parramatta Council (Respondent)
Representation:
Counsel:
G McKee (Solicitor) (Applicant)
D Le Breton (Solicitor) (Respondent)
Solicitors:
McKees Legal Solutions (Applicant)
HWL Ebsworth Lawyers (Respondent)

File Number(s): 2021/360939
Publication restriction: Nil

Judgment

On 11 January 2023, I handed down my reasons for judgment in the Class 1 appeal, Luo v City of Parramatta Council [2023] NSWLEC 1009. At [49] of Luo v City of Parramatta Council, I directed the parties to confer and amend the plan of management and their draft conditions of consent in accordance with my reasons for judgment and to provide a copy to the Court.
As I am satisfied having reviewed the agreed conditions provided on 20 January 2023 that they are acceptable, I now make the following orders.
The Court orders that:

The appeal is upheld.

Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger’s room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A.

The exhibits are returned except for A.

………………………..

S Dixon

Senior Commissioner of the Court

Annexure A (369779, pdf)

**********

CaseChat Overview and Summary

The case of Luo v City of Parramatta Council (No 2) involved an appeal by the respondent, Luo, against the decision of the Parramatta Council to deny development consent for a proposed four-storey boarding house on land located at 35 Simpson Street, Dundas Valley. The primary issue before the Court was whether the Council’s refusal to grant the development consent was lawful and reasonable, given the statutory framework and the relevant planning controls.

The Court identified several key legal issues to address, including whether the proposed development was consistent with the local planning instrument, whether the decision was based on proper consideration of relevant factors, and whether the decision was rationally related to the planning objectives. The respondent argued that the refusal was not based on proper consideration of the evidence and that the decision failed to align with the statutory planning framework. The Council, on the other hand, contended that the proposed development did not comply with certain zoning and environmental regulations and would have adverse impacts on the neighbourhood.

In delivering the judgment, the Court found that the respondent had demonstrated that the Council’s decision was not well-founded. The Court considered the evidence presented and concluded that the proposed development was consistent with the planning objectives and did not contravene the relevant planning controls. The Court also determined that the Council’s decision was not supported by sufficient evidence and failed to properly weigh the relevant factors. As such, the Court found that the appeal should be upheld, and the development consent should be granted subject to the conditions outlined in the judgment.

Orders of the court

The Court orders:

(1) The appeal is upheld.

(2) Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger’s room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A.

(3) The exhibits are returned except for A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Luo v City of Parramatta Council (No 2) [2023] NSWLEC 1010
Hearing dates:	13-14 June 2022; 26 October 2022
Date of orders:	24 January 2023
Decision date:	24 January 2023
Jurisdiction:	Class 1
Before:	Dixon SC
Decision:	The Court orders: (1) The appeal is upheld. (2) Development consent is granted to DA/255/2021 for the demolition of the existing structures and the construction of a four-storey boarding house comprising 25 rooms, one manger’s room and basement parking on land at 35 Simpson Street, Dundas Valley, subject to the conditions of consent in Annexure A. (3) The exhibits are returned except for A.
Catchwords:	APPEAL – development application – boarding house development – revised plan of management and conditions of consent – final orders made
Cases Cited:	Luo v City of Parramatta Council [2023] NSWLEC 1009
Category:	Principal judgment
Parties:	Fei Luo (Applicant) City of Parramatta Council (Respondent)
Representation:	Counsel: G McKee (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent) Solicitors: McKees Legal Solutions (Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	2021/360939
Publication restriction:	Nil