Protect Penrith Action Group Inc v Penrith City Council [2015] NSWLEC 199

Protect Penrith Action Group Inc v Penrith City Council [2015] NSWLEC 199

The Council complied with its obligation under cl 6.14(3)(c) of PLEP 2010 by considering evidence and imposing conditions ensuring compliance with AS 2021–2000 prior to granting development consent; therefore, no failure to consider the relevant matter was established and the challenge was dismissed.

Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Judicial Review / Final Orders
Outcome
Proceedings dismissed.
Legal Topics
['development Consent' 'judicial Review' 'aircraft Noise' 'local Environmental Plan' 'costs Following Event']
['planning and Environment Law' 'administrative Law'] ['development Consent' 'judicial Review' 'aircraft Noise' 'local Environmental Plan' 'costs Following Event']

Case Brief

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Procedural Posture

Judicial Review / Final Orders

Legal Issues

  1. 1 ['Whether Penrith City Council failed to consider and be satisfied about the relevant matter in cl 6.14(3)(c) of Penrith Local Environmental Plan 2010 (PLEP 2010) when granting development consent for a place of public worship.']

Ratio Decidendi

The Council complied with its obligation under cl 6.14(3)(c) of PLEP 2010 by considering evidence and imposing conditions ensuring compliance with AS 2021–2000 prior to granting development consent; therefore, no failure to consider the relevant matter was established and the challenge was dismissed.

Court Disposition

Proceedings dismissed.

Orders

  • ['Dismiss the proceedings.' "Order the applicant to pay the first respondent's costs of the proceedings, as agreed or assessed." "Order the applicant to pay the second respondent's costs of the proceedings, as agreed or assessed, up to a maximum of $25,000." 'Direct that the money paid into court by the applicant...