Ecostay Pty Ltd v Penrith City Council [2024] NSWLEC 1842

Ecostay Pty Ltd v Penrith City Council [2024] NSWLEC 1842

The Court was satisfied that the parties’ agreement for granting conditional development consent to the amended application complied with all statutory requirements, relevant planning instruments, and the Court’s jurisdiction, thereby justifying an order upholding the appeal and granting conditional consent.

Parties
Applicant: Ecostay Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
30 December 2024
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference and Agreement Under Section 34
Outcome
Appeal upheld; development consent granted to amended application subject to conditions; applicant to pay respondent's thrown away costs
Legal Topics
Development Application, Co Living Accommodation, Amendment of Development Application, Consent Orders, Conciliation Conference
Planning Law Environment Law Local Government Law Development Application Co Living Accommodation Amendment of Development Application Consent Orders Conciliation Conference

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Parties

Ecostay Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference and Agreement Under Section 34

Legal Issues

  1. 1 Whether development consent should be granted to the amended co-living development application under relevant planning instruments
  2. 2 Whether the proposed development complies with applicable planning controls and policies
  3. 3 Whether conditions for consent and statutory prerequisites have been satisfied

Ratio Decidendi

The Court was satisfied that the parties’ agreement for granting conditional development consent to the amended application complied with all statutory requirements, relevant planning instruments, and the Court’s jurisdiction, thereby justifying an order upholding the appeal and granting conditional consent.

Court Disposition

Appeal upheld; development consent granted to amended application subject to conditions; applicant to pay respondent's thrown away costs

Orders

  • Leave granted to Applicant to amend Development Application No. DA23/0946 (PAN-384803) and rely upon the amended plans and documents in Annexure A.
  • Applicant to pay Respondent's thrown away costs in the agreed sum of $15,000 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days.