Tarakjian v Penrith City Council [2024] NSWLEC 1718

Tarakjian v Penrith City Council [2024] NSWLEC 1718

The appeal is upheld and the amended development application is granted because all jurisdictional prerequisites for granting development consent have been met, all relevant statutory and planning instrument considerations have been addressed, and the consent authority (the Court) is satisfied as required by the legislation.

Parties
Applicant: Shant Tarakjian; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Class 1 Appeal (development Application) / Final Orders After Conciliation and Agreement Between Parties
Outcome
Appeal upheld; development consent granted subject to conditions; costs order in Respondent's favour as to costs thrown away.
Legal Topics
Development Application, Co Living Housing, Local Environmental Plans, State Environmental Planning Policies, Flood Planning, Contaminated Land, Sustainable Development
Planning and Environment Development Application Co Living Housing Local Environmental Plans State Environmental Planning Policies Flood Planning Contaminated Land Sustainable Development

Case Brief

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Parties

Shant Tarakjian

Applicant

Penrith City Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Final Orders After Conciliation and Agreement Between Parties

Legal Issues

  1. 1 Whether the jurisdictional prerequisites for granting consent to the amended development application have been met
  2. 2 Whether the co-living housing development is permissible with consent under the applicable planning instruments
  3. 3 Whether required statutory considerations in regard to flood planning, sustainable development, servicing, urban heat, contaminated land, water quality, aquatic ecology and public submissions have been addressed

Ratio Decidendi

The appeal is upheld and the amended development application is granted because all jurisdictional prerequisites for granting development consent have been met, all relevant statutory and planning instrument considerations have been addressed, and the consent authority (the Court) is satisfied as required by the legislation.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order in Respondent's favour as to costs thrown away.

Orders

  • The Applicant is granted leave to file the Amended Development Application with the Court.
  • The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed.