Deerubbin Local Aboriginal Land Council v Penrith City Council [2021] NSWLEC 1395

Deerubbin Local Aboriginal Land Council v Penrith City Council [2021] NSWLEC 1395

The appeal is upheld and development consent granted because all statutory, planning, and jurisdictional requirements have been satisfied, necessary reports and approvals obtained, and the conditions of consent address all relevant environmental, biodiversity, bushfire, and amenity considerations.

Parties
Applicant: Deerubbin Local Aboriginal Land Council; First Respondent: Penrith City Council; Second Respondent: Transport for NSW
Jurisdiction
Australia
Judgment Date
07 July 2021
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Judgment
Outcome
Appeal upheld; development consent granted with conditions; no order as to costs.
Legal Topics
Development Application, Conciliation Conference, Development Consent, Environmental Planning, Aboriginal Land Rights, Biodiversity, Bushfire Protection, Flood Planning, Traffic and Parking, Water Management, Land Remediation
Planning and Environment Development Application Conciliation Conference Development Consent Environmental Planning Aboriginal Land Rights Biodiversity Bushfire Protection +4 more

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Parties

Deerubbin Local Aboriginal Land Council

Applicant

Penrith City Council

First Respondent

Transport for NSW

Second Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference Judgment

Legal Issues

  1. 1 Whether the appeal against refusal of development application DA20/0551 should be upheld
  2. 2 Whether development consent should be granted for a community facility and associated works at 41-63 Cranebrook Road, Cranebrook NSW
  3. 3 Whether statutory and planning requirements under relevant legislation and policies have been satisfied

Ratio Decidendi

The appeal is upheld and development consent granted because all statutory, planning, and jurisdictional requirements have been satisfied, necessary reports and approvals obtained, and the conditions of consent address all relevant environmental, biodiversity, bushfire, and amenity considerations.

Court Disposition

Appeal upheld; development consent granted with conditions; no order as to costs.

Orders

  • Leave is granted for the Applicant to rely on the amended plans and additional information as referred to in Annexure A.
  • The appeal is upheld.