Raland Construction Pty Ltd v Penrith City Council [2022] NSWLEC 1376

Raland Construction Pty Ltd v Penrith City Council [2022] NSWLEC 1376

The Court was satisfied that all legislative and planning requirements had been met, the development is permissible in the relevant zone, and that there were no jurisdictional impediments. As such, the appeal is upheld and development consent granted in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
18 July 2022
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered to be paid by applicant to respondent.
Legal Topics
['development Application' 'child Care Centre' 'conciliation and Agreement' 'environmental Planning Instruments']
['planning and Environment Law'] ['development Application' 'child Care Centre' 'conciliation and Agreement' 'environmental Planning Instruments']

Case Brief

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Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether amended development application should be granted consent' 'Whether jurisdictional prerequisites under s 34(3) of the Land and Environment Court Act 1979 are satisfied']

Ratio Decidendi

The Court was satisfied that all legislative and planning requirements had been met, the development is permissible in the relevant zone, and that there were no jurisdictional impediments. As such, the appeal is upheld and development consent granted in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered to be paid by applicant to respondent.

Orders

  • ['Applicant to pay respondent’s costs thrown away as a result of the amendment in the sum of $3,000.' 'The appeal is upheld.' "Development Application No. DA21/0983 is determined by the grant of Development Consent subject to the conditions set out in Annexure 'A'."]