888 Holdings NSW Pty Ltd v Penrith City Council [2023] NSWLEC 1551

888 Holdings NSW Pty Ltd v Penrith City Council [2023] NSWLEC 1551

The Court upheld the appeal and granted development consent, satisfied that legal prerequisites were met, relevant statutory and guideline matters had been addressed, and the parties' agreement covered all planning and environmental considerations required for the proposed childcare centre development.

Parties
Applicant: 888 Holdings NSW Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
21 September 2023
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; Applicant ordered to pay Respondent costs thrown away by amendments.
Legal Topics
Development Application, Child Care Facilities, Conciliation Conference
Planning and Environment Development Application Child Care Facilities Conciliation Conference

Case Brief

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Parties

888 Holdings NSW Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition, tree removal and construction of child care facility for 86 children with basement parking and associated works at 12 and 14 Manning Street, Kingswood.
  2. 2 Whether amended development plans comply with relevant planning legislation and guidelines.

Ratio Decidendi

The Court upheld the appeal and granted development consent, satisfied that legal prerequisites were met, relevant statutory and guideline matters had been addressed, and the parties' agreement covered all planning and environmental considerations required for the proposed childcare centre development.

Court Disposition

Appeal upheld; development consent granted with conditions; Applicant ordered to pay Respondent costs thrown away by amendments.

Orders

  • The Applicant is to pay Respondent's costs thrown away as a result of the amendment in the sum of $3,660.
  • The appeal is upheld.