Urban Link Architects Pty Ltd v City of Parramatta Council [2024] NSWLEC 113

Land and Environment Court New South Wales

Medium Neutral Citation: Urban Link Architects Pty Ltd v City of Parramatta Council [2024] NSWLEC 113 Hearing dates: 17 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Class 1 Before: Pritchard J Decision: The Court makes the following orders: (1) The notice of motion filed by City of Parramatta Council on 23 September 2024 is dismissed. (2) No order as to costs. Catchwords: PRACTICE AND PROCEDURE — application to strike out proceedings — whether proceedings brought within time — s 8.10 of the Environmental Planning and Assessment Act 1979 (NSW) — whether outcome of review is a confirmation or change of the determination or decision — s 8.4 of the Environment Planning and Assessment Act 1979 (NSW) COSTS — whether it is fair and reasonable to make an order for costs — r 3.7 of the Land and Environment Court Rules 2007 (NSW) — no order as to costs Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) ss 4.15, 4.16, 4.19, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.10, 8.11 Environmental Planning and Assessment Act 1979 (NSW) (repealed) ss 82A, 82D Environmental Planning and Assessment Regulation 2021 (NSW) ss 23, 24 Land and Environment Court Rules 2007 (NSW) r 3.7 Parramatta Development Control Plan 2011 (NSW) Pt 2, 3 State Environmental Planning Policy (Transport and Infrastructure) 2021 (NSW) cl 2.119 Cases Cited: CBUS Property Pty Ltd v North Sydney Council [2024] NSWLEC 47 Lakeman v Ku-ring-gai Council [2013] NSWLEC 14 Category: Procedural rulings Parties: Urban Link Architects Pty Ltd ACN 639 480 336 (Applicant, Respondent on the motion) City of Parramatta Council (Respondent, Applicant on the motion) Representation: Counsel: J Smith (Applicant, Respondent on the motion) N Hammond (Respondent, Applicant on the motion)