Liquid Gold 888 Pty Ltd v Penrith City Council [2020] NSWLEC 1509

Liquid Gold 888 Pty Ltd v Penrith City Council [2020] NSWLEC 1509

As all jurisdictional prerequisites for a grant of consent have been met, the parties have resolved all planning and environmental issues by consent, and the proposed development satisfies planning controls and addresses objector concerns, the appeal is upheld and the development application is approved subject to agreed conditions.

Parties
Applicant: Liquid Gold 888 Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Development Appeal (class 1) / Final Decision After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Boarding House, Land Remediation, Consent Orders, Resident Objectors, Zone Assessment, Contamination, Planning Controls
Planning and Environment Law Development Application Boarding House Land Remediation Consent Orders Resident Objectors Zone Assessment Contamination +1 more

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Parties

Liquid Gold 888 Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Decision After Conciliation Conference

Legal Issues

  1. 1 Whether the development application for a boarding house should be approved under relevant planning controls
  2. 2 Whether contamination, zoning, planning compatibility, and objector submissions have been adequately addressed
  3. 3 Whether the legal prerequisites for consent under environmental planning legislation are satisfied

Ratio Decidendi

As all jurisdictional prerequisites for a grant of consent have been met, the parties have resolved all planning and environmental issues by consent, and the proposed development satisfies planning controls and addresses objector concerns, the appeal is upheld and the development application is approved subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application DA19/0705 for the demolition of existing structures, land remediation works, and construction of a two-storey boarding house containing 11 boarding rooms, a manager's room and basement car parking and associated site works at 6 Edith Street Kingswood NSW 2747 is approved subject to the...