Keneco Property Pty Ltd v Blacktown City Council [2023] NSWLEC 1326

Keneco Property Pty Ltd v Blacktown City Council [2023] NSWLEC 1326

The Court upheld the appeal and granted consent as amended because the parties agreed after conciliation, the statutory requirements for making consent orders were met, and the conditions addressed procedural, environmental, biodiversity, bushfire, road access, and other relevant planning controls.

Parties
Applicant: Keneco Property Pty Ltd; First Respondent: Blacktown City Council; Second Respondent: Transport for New South Wales
Jurisdiction
Australia
Judgment Date
28 June 2023
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs thrown away by amendment paid by Applicant.
Legal Topics
Development Application, Appeal Process, Consent Orders, Costs Thrown Away, Bulky Goods Premises, Biodiversity Certification, Environmental Planning, Bushfire Protection, Road Access, Public Submissions
Planning and Environment Development Application Appeal Process Consent Orders Costs Thrown Away Bulky Goods Premises Biodiversity Certification Environmental Planning +3 more

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Parties

Keneco Property Pty Ltd

Applicant

Blacktown City Council

First Respondent

Transport for New South Wales

Second Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the development application as amended should be approved subject to conditions
  2. 2 Whether the agreement between parties satisfies the statutory requirements for consent orders after conciliation under s 34 of the Land and Environment Court Act 1979
  3. 3 Whether the requirements for owner’s consent, notification, referral, environmental, biodiversity and bushfire legislation have been met

Ratio Decidendi

The Court upheld the appeal and granted consent as amended because the parties agreed after conciliation, the statutory requirements for making consent orders were met, and the conditions addressed procedural, environmental, biodiversity, bushfire, road access, and other relevant planning controls.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs thrown away by amendment paid by Applicant.

Orders

  • Applicant to pay First Respondent's costs thrown away as a result of amendment of the development application as agreed or assessed (pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979).
  • The appeal is upheld.