Evacorp Pty Ltd v Penrith City Council [2019] NSWLEC 1540

Evacorp Pty Ltd v Penrith City Council [2019] NSWLEC 1540

The appeal was upheld and development consent granted because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions: the site was unlikely to be contaminated, the R3 Medium Density Residential zoning permitted multi dwelling housing with consent, the affordable rental housing provisions applied, accessibility and affordable housing management requirements were addressed, the design was compatible with the local area, the amended application complied with relevant LEP 2010 standards, submissions had been considered, and no...

Jurisdiction
Australia
Judgment Date
06 November 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application Da/17/0893 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3)
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application Refusal Appeal' 'multi Dwelling Housing' 'affordable Rental Housing' 'conciliation Agreement' 'amended Plans' 'contamination Assessment']
['environmental and Planning Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Refusal Appeal' 'multi Dwelling Housing' 'affordable Rental Housing' 'conciliation Agreement' 'amended Plans' 'contamination Assessment']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application Da/17/0893 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether the amended development application for multi dwelling housing was permissible and capable of approval with consent' 'Whether relevant planning controls concerning zoning, affordable rental housing, accessibility, contamination, local character and standards were sufficiently addressed']

Ratio Decidendi

The appeal was upheld and development consent granted because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions: the site was unlikely to be contaminated, the R3 Medium Density Residential zoning permitted multi dwelling housing with consent, the affordable rental housing provisions applied, accessibility and affordable housing management requirements were addressed, the design was compatible with the local area, the amended application complied with relevant LEP 2010 standards, submissions had been considered, and no...

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans and document listed in condition 1 of Annexure "A" hereto.' 'Pursuant to section 8.15(3) of the EP&A Act, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in a sum as...