Newton Developments Pty Limited v Penrith City Council [2020] NSWLEC 1382

Newton Developments Pty Limited v Penrith City Council [2020] NSWLEC 1382

The amended development application could be approved because the proposed development did not contravene any development standard in the Penrith Local Environmental Plan 2010 or other applicable environmental planning instrument, the drainage, BASIX, saline soils, services and contamination matters were satisfactorily addressed, and the Commissioner was therefore satisfied that the agreed grant of consent subject to conditions was a decision the Court could make. Section 34(3)(a) of the Land and Environment Court Act 1979 then required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'development Consent' 'amendment of Development Application' 'conditions of Consent' 'costs Thrown Away']
['planning and Environment' 'land and Environment Court'] ['development Application Appeal' 'conciliation Conference' 'development Consent' 'amendment of Development Application' 'conditions of Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application and rely on amended plans.' 'Whether the Court could grant development consent to the amended application subject to conditions in the proper exercise of its functions.' 'Whether the proposed development complied with the Penrith Local Environmental Plan 2010 and other applicable environmental planning instruments.' 'Whether deferred commencement drainage conditions satisfied cl 7.1 of the Penrith Local Environmental Plan 2010.' 'Whether BASIX, saline soils, services, development contributions and contamination matters had been satisfactorily addressed.']

Ratio Decidendi

The amended development application could be approved because the proposed development did not contravene any development standard in the Penrith Local Environmental Plan 2010 or other applicable environmental planning instrument, the drainage, BASIX, saline soils, services and contamination matters were satisfactorily addressed, and the Commissioner was therefore satisfied that the agreed grant of consent subject to conditions was a decision the Court could make. Section 34(3)(a) of the Land and Environment Court Act 1979 then required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend the Development Application and rely upon the plans listed in Part B Condition 1 of the Conditions of Consent at Annexure A.' "The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979...