Genext Penrith Pty Ltd v Penrith City Council [2020] NSWLEC 1563

Genext Penrith Pty Ltd v Penrith City Council [2020] NSWLEC 1563

The Court was satisfied that the jurisdictional prerequisites identified by the parties had been met, including owner consent, permissibility in Zone R3 Medium Density Residential, compliance with relevant development standards, BASIX requirements, consideration of contamination, notification issues, and delegation to enter the s 34 agreement. The amended proposal addressed character, amenity, waste and stormwater concerns. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da19/0658 / Orders Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 Where the Parties Reached Agreement
Outcome
Appeal upheld and Development Application DA19/0658 approved subject to conditions.
Legal Topics
['boarding House Development' 'deemed Refusal Appeal' 'conciliation Conference' 'compatibility With Character of the Local Area' 'affordable Rental Housing' 'basix' 'remediation of Land' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['boarding House Development' 'deemed Refusal Appeal' 'conciliation Conference' 'compatibility With Character of the Local Area' 'affordable Rental Housing' 'basix' 'remediation of Land' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da19/0658 / Orders Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 Where the Parties Reached Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for granting development consent to Development Application DA19/0658 were satisfied.' 'Whether the proposed boarding house was permissible with consent and compatible with the character of the local area.' 'Whether amended plans and conditions addressed relevant amenity, waste, stormwater, BASIX and contamination matters.']

Ratio Decidendi

The Court was satisfied that the jurisdictional prerequisites identified by the parties had been met, including owner consent, permissibility in Zone R3 Medium Density Residential, compliance with relevant development standards, BASIX requirements, consideration of contamination, notification issues, and delegation to enter the s 34 agreement. The amended proposal addressed character, amenity, waste and stormwater concerns. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld and Development Application DA19/0658 approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the conditions at annexure "A".' "The applicant is to pay the respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,500 within 28...