RPC Rogers Street Holdings Pty Ltd v Penrith City Council [2016] NSWLEC 1364

RPC Rogers Street Holdings Pty Ltd v Penrith City Council [2016] NSWLEC 1364

The Court disposed of the proceedings in accordance with the party agreement after a conciliation conference as required by s 34(3); the appeal was upheld, consent granted to the amended development application including a building height variation, and costs ordered as agreed.

Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted; costs ordered
Legal Topics
['development Application' 'conciliation Conference' 'building Height Variation' 'costs Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'building Height Variation' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the amended development application should be allowed' 'Whether the variation of maximum building height standard is permissible' 'Entitlement to costs resulting from amendment of the application']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the party agreement after a conciliation conference as required by s 34(3); the appeal was upheld, consent granted to the amended development application including a building height variation, and costs ordered as agreed.

Court Disposition

Appeal upheld; development consent granted; costs ordered

Orders

  • ["The Applicant is granted leave to rely on the amended plans as identified in Condition 1 of the conditions annexed hereto and marked 'A'" "The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application, in the amount of $10,000 to be paid within 28 days of the date...