PreTech Properties Pty Ltd v Penrith City Council [2016] NSWLEC 1432
The proceedings were disposed of by agreement of the parties, approved by the Court under s 34(3) of the Land and Environment Court Act 1979, resulting in approval of the amended development application subject to conditions.
- Parties
- Applicant: PreTech Properties Pty Ltd; Respondent: Penrith City Council
- Jurisdiction
- Australia
- Judgment Date
- 07 September 2016
- Procedural Posture
- Class 1 Development Application Appeal / Post Conciliation Conference, Final Orders
- Outcome
- Appeal upheld; development application approved subject to conditions
- Legal Topics
- Development Application, Townhouse Construction, Owners Consent, Density of Development, On Site Car Parking, Stormwater Drainage, Section 34 Agreement, Conciliation Conference
Case Brief
Summary, issues, holding and outcome
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Parties
PreTech Properties Pty Ltd
Applicant
Penrith City Council
Respondent
Procedural Posture
Class 1 Development Application Appeal / Post Conciliation Conference, Final Orders
Legal Issues
- 1 Whether to approve the development application for demolition of an existing dwelling and construction of 7 x 3 bedroom townhouses at 65 Jones Street, Kingswood
Ratio Decidendi
The proceedings were disposed of by agreement of the parties, approved by the Court under s 34(3) of the Land and Environment Court Act 1979, resulting in approval of the amended development application subject to conditions.
Court Disposition
Appeal upheld; development application approved subject to conditions
Orders
- The Applicant is granted leave to amend the development application to rely on specified plans.
- The appeal is upheld.
Full Case Text
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