Liu v Penrith City Council [2022] NSWLEC 1385

Liu v Penrith City Council [2022] NSWLEC 1385

The Amended Development Application satisfies all legal prerequisites and mandatory standards required by relevant planning instruments, and the agreement reached at the conciliation conference is acceptable and a decision the Court could properly make. Therefore, consent is granted subject to conditions.

Parties
Applicant: Chia – Chen Liu; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
21 July 2022
Procedural Posture
Development Appeal / Post Conciliation Conference, Determination on Consent
Outcome
Appeal upheld; consent granted as per agreement
Legal Topics
Development Application, Boarding House, Amendment of Plans, Consent Orders, Local Environmental Planning, Affordable Rental Housing
Environmental and Planning Law Development Application Boarding House Amendment of Plans Consent Orders Local Environmental Planning Affordable Rental Housing

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Parties

Chia – Chen Liu

Applicant

Penrith City Council

Respondent

Procedural Posture

Development Appeal / Post Conciliation Conference, Determination on Consent

Legal Issues

  1. 1 Whether amended development application should be approved
  2. 2 Compliance with local and State planning instruments and statutory preconditions for consent
  3. 3 Permissibility of boarding house in R2 Low Density Residential zone

Ratio Decidendi

The Amended Development Application satisfies all legal prerequisites and mandatory standards required by relevant planning instruments, and the agreement reached at the conciliation conference is acceptable and a decision the Court could properly make. Therefore, consent is granted subject to conditions.

Court Disposition

Appeal upheld; consent granted as per agreement

Orders

  • The appeal is upheld.
  • Development Application No. DA21/0561 for demolition of existing dwelling and construction of a two (2) storey boarding house comprising 9 boarding rooms, including five (5) at grade car parking spaces and associated landscaping on land legally comprising of Lot 211 DP31157, 27 Coreen Avenue, Penrith is approved...