Hallani Constructions Pty Ltd v Penrith City Council [2020] NSWLEC 1477

The amended application satisfies all relevant planning controls and jurisdictional prerequisites; the appeal is upheld and consent granted subject to conditions.

Jurisdiction: Australia
Judgment Date: 14 October 2020
Procedural Posture: Development Appeal / Final Orders After Conciliation Conference
Outcome: Appeal upheld; development consent granted subject to conditions.
Legal Topics: ['development Application' 'multi Unit Residential Development' 'conciliation Conference' 'strata Subdivision']

['planning and Environment Law'] ['development Application' 'multi Unit Residential Development' 'conciliation Conference' 'strata Subdivision']

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Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

1 ['Whether development application for five two-storey townhouses complies with statutory planning controls' 'Whether consent should be granted subject to conditions']

Ratio Decidendi

The amended application satisfies all relevant planning controls and jurisdictional prerequisites; the appeal is upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

['The Applicant is granted leave to amend the development application and rely upon specified plans.' 'The appeal is upheld.' 'Development application DA-18/1087 for demolition, removal of trees, and construction of five two-storey townhouses with car parking, driveway, landscaping, fencing, stormwater and drainage...