Cohen v Penrith City Council [2020] NSWLEC 1331

Cohen v Penrith City Council [2020] NSWLEC 1331

The Commissioner was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions because the identified jurisdictional preconditions were met, including permissibility in the relevant zones, compliance with applicable development standards and planning instruments, adequate bushfire assessment, consideration of threatened ecological community impacts, contamination, and BASIX requirements. Section 34(3) of the Land and Environment Court Act 1979 therefore required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
29 July 2020
Procedural Posture
Class 1 Appeal Concerning a Development Application / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'development Consent' 'dwelling House' 'vegetation Management Plan' 'conciliation Conference' 'endangered Ecological Community' 'bushfire Prone Land' 'contamination' 'basix Certificate']
['environmental and Planning Law' 'land and Environment Court Proceedings'] ['development Application' 'development Consent' 'dwelling House' 'vegetation Management Plan' 'conciliation Conference' 'endangered Ecological Community' 'bushfire Prone Land' 'contamination' 'basix Certificate']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend the development application and rely on amended plans.' "Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended development application for a dwelling house, ancillary farm shed, pool, landscaping, vegetation and biodiversity management works and onsite wastewater irrigation system should be approved subject to conditions.']

Ratio Decidendi

The Commissioner was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions because the identified jurisdictional preconditions were met, including permissibility in the relevant zones, compliance with applicable development standards and planning instruments, adequate bushfire assessment, consideration of threatened ecological community impacts, contamination, and BASIX requirements. Section 34(3) of the Land and Environment Court Act 1979 therefore required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure A to this agreement.' 'The Appeal is upheld.' 'Development Application DA/1140/2018 for the construction of a dwelling house, ancillary farm shed, pool, landscaping, vegetation...