BW Cranebrook Pty Ltd v Penrith City Council [2023] NSWLEC 1036

BW Cranebrook Pty Ltd v Penrith City Council [2023] NSWLEC 1036

The Court was satisfied that all statutory and jurisdictional requirements for the grant of development consent were met, that the agreement reached at conciliation between the parties reflected a decision the Court could have properly made, and that consent should be granted subject to agreed conditions. Therefore, the Court upheld the appeal and granted development consent accordingly.

Jurisdiction
Australia
Judgment Date
02 February 2023
Procedural Posture
Class 1 Development Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld, development consent granted subject to conditions, costs of $31,000 thrown away by amendment to be paid by Applicant to Respondent
Legal Topics
['development Applications' 'land Use' 'mixed Use Development' 'planning Permissions' 'conciliation Conference' 'flood Risk' 'bushfire Risk' 'stormwater Management' 'integrated Development']
['environmental Law' 'planning Law' 'local Government Law'] ['development Applications' 'land Use' 'mixed Use Development' 'planning Permissions' 'conciliation Conference' 'flood Risk' 'bushfire Risk' 'stormwater Management' 'integrated Development']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Development Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites for the grant of development consent have been met under the relevant legislation' 'Whether the proposed development is consistent with applicable environmental planning instruments and policies' 'Whether the development satisfies requirements regarding bushfire, flooding, road works, environmental risk, and community submissions' 'Whether consent should be granted subject to agreed conditions']

Ratio Decidendi

The Court was satisfied that all statutory and jurisdictional requirements for the grant of development consent were met, that the agreement reached at conciliation between the parties reflected a decision the Court could have properly made, and that consent should be granted subject to agreed conditions. Therefore, the Court upheld the appeal and granted development consent accordingly.

Court Disposition

Appeal upheld, development consent granted subject to conditions, costs of $31,000 thrown away by amendment to be paid by Applicant to Respondent

Orders

  • ['Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, Applicant to pay Respondent’s costs thrown away due to amendment of development application, agreed at $31,000.00' 'Appeal upheld' "Development consent granted to Development Application No. DA21/0837 for construction and use of mixed-use...