Signature Properties No. 5 Pty Ltd v Penrith City Council [2021] NSWLEC 1025

Signature Properties No. 5 Pty Ltd v Penrith City Council [2021] NSWLEC 1025

Because the parties reached an agreement at the s 34 conciliation conference, and the Court was satisfied that the amended boarding house proposal was permissible with consent, satisfied the relevant planning instruments and jurisdictional prerequisites, and was a decision the Court could make in the proper exercise of its functions, the Court made the agreed orders upholding the appeal and approving the DA subject to conditions.

Jurisdiction
Australia
Judgment Date
15 January 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da20/0435 / Orders After S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; costs thrown away ordered.
Legal Topics
['development Application' 'boarding House' 'development Consent' 'conciliation Conference' 'affordable Rental Housing' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'boarding House' 'development Consent' 'conciliation Conference' 'affordable Rental Housing' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da20/0435 / Orders After S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court should grant leave to amend Development Application DA20/0435 to rely on amended plans and documents.' 'Whether the agreed decision to uphold the appeal and grant development consent was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the amended proposal satisfied the relevant jurisdictional prerequisites and planning controls, including the Penrith Local Environmental Plan 2010 and State Environmental Planning Policy (Affordable Rental Housing) 2009.']

Ratio Decidendi

Because the parties reached an agreement at the s 34 conciliation conference, and the Court was satisfied that the amended boarding house proposal was permissible with consent, satisfied the relevant planning instruments and jurisdictional prerequisites, and was a decision the Court could make in the proper exercise of its functions, the Court made the agreed orders upholding the appeal and approving the DA subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; costs thrown away ordered.

Orders

  • ["The Applicant is granted leave to amend Development Application DA20/0435 to rely on the plans and documents referred to in Condition 1 of the conditions annexed and marked 'A'." "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to the DA, pursuant to section 8.15(3) of the...