Evacorp Pty Ltd v Penrith City Council [2020] NSWLEC 1317

Evacorp Pty Ltd v Penrith City Council [2020] NSWLEC 1317

All statutory prerequisites for the grant of development consent have been satisfied, the amended application is permissible and compliant, and the terms of the parties' agreement reflect an outcome the Court could validly make; accordingly, the orders are made by consent under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Appeal Development Application Refusal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs orders made against Applicant.
Legal Topics
['development Application' 'multi Unit Residential Development' 'affordable Housing' 'amendment of Development Application' 'jurisdiction of Land and Environment Court']
['planning and Environment Law'] ['development Application' 'multi Unit Residential Development' 'affordable Housing' 'amendment of Development Application' 'jurisdiction of Land and Environment Court']

Case Brief

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Procedural Posture

Appeal Development Application Refusal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the amended development application for six townhouses complies with relevant planning controls and environmental policies' 'Whether jurisdictional prerequisites for consent have been satisfied under applicable statutes' "Whether parties' agreement can be given effect under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

All statutory prerequisites for the grant of development consent have been satisfied, the amended application is permissible and compliant, and the terms of the parties' agreement reflect an outcome the Court could validly make; accordingly, the orders are made by consent under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs orders made against Applicant.

Orders

  • ['Leave granted to Applicant to amend the Development Application and rely on specified plans.' "Applicant to pay Respondent's costs thrown away pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 (NSW) in the amount of $6,200 within 14 days." 'Appeal is upheld.' 'Development Application No....