Liquid Gold 888 Pty Ltd v Penrith City Council [2021] NSWLEC 1497

Liquid Gold 888 Pty Ltd v Penrith City Council [2021] NSWLEC 1497

The amended development application complies with the planning standards and requirements under SEPP (Affordable Rental Housing) 2009, Penrith Local Environmental Plan 2010, and all relevant SEPPs; the Court is satisfied that jurisdictional pre-conditions are met and the proposal is compatible with the local area's character. Therefore, development consent is granted and the appeal is upheld.

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Appeal Class 1 Development Application (land & Environment Court) / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered against applicant for amendment-related expenses.
Legal Topics
['development Applications' 'boarding House Approvals' 'sepp (affordable Rental Housing) 2009' 'lep 2010 Compliance' 'remediation of Land' 'stormwater Management' 'western Sydney Aerotropolis' 'consent Conditions']
['planning Law' 'environmental Law' 'administrative Law'] ['development Applications' 'boarding House Approvals' 'sepp (affordable Rental Housing) 2009' 'lep 2010 Compliance' 'remediation of Land' 'stormwater Management' 'western Sydney Aerotropolis' 'consent Conditions']

Case Brief

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Procedural Posture

Appeal Class 1 Development Application (land & Environment Court) / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application satisfies the standards of SEPP (Affordable Rental Housing) 2009' 'Whether the proposal is compatible with the character of the local area under cl 30A of SEPP ARH' 'Whether jurisdictional pre-conditions for granting consent are met, including those in LEP 2010 and relevant SEPPs' 'Whether adequate site contamination and geotechnical risks are addressed' 'Whether the planning considerations under Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) and State Environmental Planning Policy (Western Sydney Aerotropolis) 2020 are met']

Ratio Decidendi

The amended development application complies with the planning standards and requirements under SEPP (Affordable Rental Housing) 2009, Penrith Local Environmental Plan 2010, and all relevant SEPPs; the Court is satisfied that jurisdictional pre-conditions are met and the proposal is compatible with the local area's character. Therefore, development consent is granted and the appeal is upheld.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered against applicant for amendment-related expenses.

Orders

  • ['Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of Development Application No. 20/0717 in relation to items 1, 10 and 16 of Annexure A, agreed in the amount of $4,100 (inc GST) within 28 days...