Camilleri v Penrith City Council [2024] NSWLEC 1192

Camilleri v Penrith City Council [2024] NSWLEC 1192

The 2022 Works carried out by the applicants required development consent under cl 7.1 of the Penrith Local Environmental Plan 2010 and such consent was not obtained. The requirements for issuing a DCO under s 9.34 and Pt 1 Sch 5 of the Environmental Planning and Assessment Act 1979 were met. The Modified DCO, as agreed between the parties, appropriately addresses restoration and stormwater management issues and restores the land to its pre-unauthorised works condition. Therefore, the Court upheld the appeal and modified the DCO as per the consent orders.

Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Development Appeal / Final Judgment After Contested Hearing and Consent Orders
Outcome
Appeal upheld; Development Control Order modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979
Legal Topics
['development Control Orders' 'restoration of Land' 'unauthorised Works' 'stormwater Management']
['planning and Development' 'local Government' 'environmental Law'] ['development Control Orders' 'restoration of Land' 'unauthorised Works' 'stormwater Management']

Case Brief

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Procedural Posture

Development Appeal / Final Judgment After Contested Hearing and Consent Orders

Legal Issues

  1. 1 ['Whether the Development Control Order was validly issued under s 9.34 and Pt 1 of Sch 5 of the Environmental Planning and Assessment Act 1979' 'Whether the works required by the DCO were appropriate to restore the land to its pre-unauthorised works condition' 'Whether the modifications agreed between the parties satisfy the legislative requirements']

Ratio Decidendi

The 2022 Works carried out by the applicants required development consent under cl 7.1 of the Penrith Local Environmental Plan 2010 and such consent was not obtained. The requirements for issuing a DCO under s 9.34 and Pt 1 Sch 5 of the Environmental Planning and Assessment Act 1979 were met. The Modified DCO, as agreed between the parties, appropriately addresses restoration and stormwater management issues and restores the land to its pre-unauthorised works condition. Therefore, the Court upheld the appeal and modified the DCO as per the consent orders.

Court Disposition

Appeal upheld; Development Control Order modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979

Orders

  • ['The appeal is upheld.' 'The Development Control Order dated 14 February 2023 is modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 in accordance with the Development Control Order at Annexure A.']