HS Property Developments Pty Ltd v Penrith City Council [2021] NSWLEC 1114

HS Property Developments Pty Ltd v Penrith City Council [2021] NSWLEC 1114

The agreed decision could properly be made because the amended development did not contravene any mandatory provision of the State Environmental Planning Policy (Affordable Rental Housing) 2009, the Penrith Local Environmental Plan 2010 or any other applicable environmental planning instrument; it provided requisite solar access, parking and landscaping and was compatible with the local area and R3 zone objectives; BASIX requirements and sustainable development matters were addressed; saline soils, public amenities and services, and contamination had been considered. Having reached that state of satisfaction, the Court was required by s 34(3)(a) of the Land and Environment Court Act 1979...

Jurisdiction
Australia
Judgment Date
09 March 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da18/0354 / Court Facilitated Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to rely on amended application and plans; Applicants ordered to pay the Respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'development Consent' 'affordable Rental Housing' 'medium Density Housing' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'development Consent' 'affordable Rental Housing' 'medium Density Housing' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da18/0354 / Court Facilitated Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 4.16(1) of the Environmental Planning and Assessment Act 1979." 'Whether leave should be granted for the Applicants to rely on an amended application and amended plans.' 'Whether Development Application No. DA18/0354, as amended, should be approved subject to conditions.']

Ratio Decidendi

The agreed decision could properly be made because the amended development did not contravene any mandatory provision of the State Environmental Planning Policy (Affordable Rental Housing) 2009, the Penrith Local Environmental Plan 2010 or any other applicable environmental planning instrument; it provided requisite solar access, parking and landscaping and was compatible with the local area and R3 zone objectives; BASIX requirements and sustainable development matters were addressed; saline soils, public amenities and services, and contamination had been considered. Having reached that state of satisfaction, the Court was required by s 34(3)(a) of the Land and Environment Court Act 1979...

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to rely on amended application and plans; Applicants ordered to pay the Respondent's costs thrown away.

Orders

  • ['The Applicants are granted leave to rely on an amended application and rely on the plans listed in Condition 1 of the Conditions of Consent at Annexure A.' "The Applicants are to pay the Respondent's costs thrown away in the sum of $3,000.00 within 14 days pursuant to section 8.15(3) of the Environmental Planning...