Santilli Pty Ltd v Blacktown City Council [2021] NSWLEC 1113

Santilli Pty Ltd v Blacktown City Council [2021] NSWLEC 1113

The appeal is upheld and development consent granted as the parties’ agreement satisfies all statutory requirements, jurisdictional prerequisites, and addresses issues as required by applicable planning instruments and legislation.

Jurisdiction
Australia
Judgment Date
04 March 2021
Procedural Posture
Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'appeal of Deemed Refusal' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'appeal of Deemed Refusal' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites for granting development consent have been satisfied' 'Whether the development application complies with relevant planning instruments' 'Whether consent authority requirements regarding contamination, heritage, utility infrastructure, and environmental protection have been addressed']

Ratio Decidendi

The appeal is upheld and development consent granted as the parties’ agreement satisfies all statutory requirements, jurisdictional prerequisites, and addresses issues as required by applicable planning instruments and legislation.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['Applicant granted leave to rely on amended plans and supporting documents as set out in the orders.' "Applicant to pay respondent's costs thrown away on an as agreed or assessed basis pursuant to section 8.15(3) Environmental Planning and Assessment Act 1979." 'Development Application No. DA-19-00934, as amended,...