CK Design Pty Ltd v Penrith City Council [2023] NSWLEC 1133

CK Design Pty Ltd v Penrith City Council [2023] NSWLEC 1133

As the parties established, and the Court agreed, that all jurisdictional prerequisites were satisfied and all planning controls and policies complied with, the Court must make final orders by upholding the appeal and granting consent per s 34(3) LEC Act, as the decision was within the proper exercise of the Court's function.

Parties
Applicant: CK Design Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
24 March 2023
Procedural Posture
Development Appeal Class 1 / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; partial costs order in favour of respondent.
Legal Topics
Development Consent, Boarding Houses, Jurisdictional Prerequisites, Local Environmental Plans, Environmental Planning Instruments, Conciliation Conference, Costs Orders
Environmental Law Planning Law Local Government Law Development Consent Boarding Houses Jurisdictional Prerequisites Local Environmental Plans Environmental Planning Instruments +2 more

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Parties

CK Design Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Development Appeal Class 1 / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a 2-3 storey boarding house at 27-28 Park Avenue, Kingswood NSW 2747.
  2. 2 Whether jurisdictional prerequisites under Environmental Planning and Assessment Act 1979, Penrith Local Environmental Plan 2010, and State Environmental Planning Policies are satisfied.
  3. 3 Whether the amended plans comply with relevant planning controls, standards, and local policies.

Ratio Decidendi

As the parties established, and the Court agreed, that all jurisdictional prerequisites were satisfied and all planning controls and policies complied with, the Court must make final orders by upholding the appeal and granting consent per s 34(3) LEC Act, as the decision was within the proper exercise of the Court's function.

Court Disposition

Appeal upheld; development consent granted subject to conditions; partial costs order in favour of respondent.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No DA 21/0225 for the demolition of existing structures and construction of a 2‑3 storey boarding house containing 56 rooms and a Manager's Residence, basement parking, landscaping, stormwater works and lot consolidation at Lot 11 and Lot 12 DP 29528, 27-28...