Bolic v Penrith City Council [2025] NSWLEC 1008

Bolic v Penrith City Council [2025] NSWLEC 1008

The jurisdictional and merit requirements for development consent have been met, including compliance with urban heat, local character, landscape, easement, and sustainability considerations. Development control plan numeric controls do not bar approval, and any merit concerns (streetscape, easement, tree removal, and operating hours) are satisfactorily addressed by conditions or technical solutions. Operation on Saturdays should be restricted.

Parties
Applicant: Sally Bolic; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
10 January 2025
Procedural Posture
Development Appeal / Final Judgment
Outcome
Appeal upheld. Development Consent granted, subject to conditions.
Legal Topics
Development Application, Child Care Facility, Urban Heat Requirements, Local Character, Landscape Design, Easement, Operation Hours
Planning Law Environmental Law Local Government Law Development Application Child Care Facility Urban Heat Requirements Local Character Landscape Design +2 more

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Parties

Sally Bolic

Applicant

Penrith City Council

Respondent

Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development meets jurisdictional and merit based planning requirements
  2. 2 Whether design complies with urban heat island effect standards under cl 7.30 PLEP 2010
  3. 3 Whether development is compatible with local streetscape character and landscaping requirements

Ratio Decidendi

The jurisdictional and merit requirements for development consent have been met, including compliance with urban heat, local character, landscape, easement, and sustainability considerations. Development control plan numeric controls do not bar approval, and any merit concerns (streetscape, easement, tree removal, and operating hours) are satisfactorily addressed by conditions or technical solutions. Operation on Saturdays should be restricted.

Court Disposition

Appeal upheld. Development Consent granted, subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application DA23/0013, as amended, is granted Development Consent subject to the conditions set out in Annexure A.