Daher v Penrith City Council [2024] NSWLEC 1527

Daher v Penrith City Council [2024] NSWLEC 1527

The amended development application is compatible with the future desired character of the area, will not unreasonably impact adjoining properties, provides adequate landscaping and stormwater management, meets the conditions and relevant planning controls, and therefore should be granted development consent.

Jurisdiction
Australia
Judgment Date
28 August 2024
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'child Care Facility' 'stormwater Management' 'streetscape Character' 'landscaping']
['planning and Environment'] ['development Application' 'child Care Facility' 'stormwater Management' 'streetscape Character' 'landscaping']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the built form is consistent with the character of the area' 'Acceptability of impacts on adjoining neighbours' 'Ability for swale and landscaping to co-exist and function in same area']

Ratio Decidendi

The amended development application is compatible with the future desired character of the area, will not unreasonably impact adjoining properties, provides adequate landscaping and stormwater management, meets the conditions and relevant planning controls, and therefore should be granted development consent.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The appeal is upheld.' 'Development application number 22/1148, as amended, for demolition of existing structures, vegetation removal and construction of a two storey child care facility for 50 children over basement parking at 23 Barker Street Cambridge Park NSW 2747, is determined by the grant of development...