Mac's Pty Limited v Parramatta City Council & Anor; R&R Fazzolari Pty Limited v Parramatta City Council

Mac's Pty Limited and R&R Fazzolari Pty Limited (the applicants) brought proceedings against Parramatta City Council (the respondent) in the Supreme Court of New South Wales. The dispute concerned the validity of certain development applications made by the applicants and the respondent's subsequent refusal to grant development consent. The applicants sought declarations that their development applications were valid and that the respondent had failed to determine them within the prescribed statutory period, thereby rendering them approved by default.

The primary legal issues before the court were whether the development applications, as lodged, were validly made under the relevant planning legislation and whether the respondent had failed to determine these applications within the statutory timeframe stipulated by the *Environmental Planning and Assessment Act 1979* (NSW). The applicants contended that the applications, despite certain alleged deficiencies, substantially complied with the requirements and that the respondent's inaction constituted deemed approval.

The court considered the requirements for a valid development application under the *Environmental Planning and Assessment Act 1979* (NSW) and relevant environmental planning instruments. It was held that for a development application to be considered validly made, it must satisfy all mandatory requirements prescribed by the legislation and any applicable planning instruments. The court found that the applications lodged by the applicants did not meet these essential requirements, specifically concerning the provision of necessary information and documentation. Consequently, the applications were not considered validly made, and therefore, the statutory timeframes for determination did not commence to run. The respondent's failure to grant consent was not a failure to determine within the prescribed period, and no deemed approval arose.

The applications for declarations were dismissed.