Elias v Penrith City Council [2023] NSWLEC 1679

Elias v Penrith City Council [2023] NSWLEC 1679

The appeal is upheld and the amended Development Application is approved because the statutory prerequisites for approval have been satisfied, the proposed development complies with relevant planning instruments where required, and agreement has been reached between the parties that the Court is authorised to adopt. The decision to grant consent is one the Court may properly make under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Elie Elias; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Appeal Against Refusal of Development Application / Orders Following Conciliation – Final Disposition
Outcome
Appeal upheld – amended development application approved – orders by consent
Legal Topics
Development Application, Co Living Housing, Amended Plans, Conciliation Conference
Planning and Environment Development Application Co Living Housing Amended Plans Conciliation Conference

Case Brief

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Parties

Elie Elias

Applicant

Penrith City Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Orders Following Conciliation – Final Disposition

Legal Issues

  1. 1 Whether the amended Development Application for co-living housing should be approved
  2. 2 Whether statutory prerequisites for granting consent are satisfied under relevant environmental planning instruments
  3. 3 Whether the Court could properly dispose of the matter under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and the amended Development Application is approved because the statutory prerequisites for approval have been satisfied, the proposed development complies with relevant planning instruments where required, and agreement has been reached between the parties that the Court is authorised to adopt. The decision to grant consent is one the Court may properly make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld – amended development application approved – orders by consent

Orders

  • Amended Development Application DA23/0058 approved to rely on amended plans and documents listed in Annexure A
  • Applicant to pay respondent's thrown away costs as a result of amending the application, in the amount of $3,478.50 within 14 days