Montessori Academy Group Developments Pty Ltd v Penrith City Council [2024] NSWLEC 1447

Montessori Academy Group Developments Pty Ltd v Penrith City Council [2024] NSWLEC 1447

The Court was satisfied, on the parties' agreed material, that the amended DA satisfied the relevant jurisdictional prerequisites, could be approved having regard to s 4.15(1)(b)-(e) of the Environmental Planning and Assessment Act 1979, and was in the public interest. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that decision by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
30 July 2024
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application Da23/0076 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Section 34 Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; Development Application DA23/0076 as amended approved subject to conditions included in Annexure A.
Legal Topics
['centre Based Child Care Facility' 'deemed Refusal' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites' 'environmental Planning Instruments' 'development Application Amendment']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['centre Based Child Care Facility' 'deemed Refusal' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites' 'environmental Planning Instruments' 'development Application Amendment']

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application Da23/0076 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Section 34 Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting development consent to the amended DA under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the amended DA should be approved having regard to s 4.15 of the Environmental Planning and Assessment Act 1979 and relevant environmental planning instruments and development controls.']

Ratio Decidendi

The Court was satisfied, on the parties' agreed material, that the amended DA satisfied the relevant jurisdictional prerequisites, could be approved having regard to s 4.15(1)(b)-(e) of the Environmental Planning and Assessment Act 1979, and was in the public interest. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; Development Application DA23/0076 as amended approved subject to conditions included in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA23/0076 as amended for the clearing of the site and tree removal, and construction of a two-storey centre based child care facility with basement parking, drainage, and landscaping on land legally described as Lot 10 DP1224143, at 72 Park Avenue, Kingswood, NSW,...