Signature Properties No 5 Pty Ltd v Penrith City Council [2021] NSWLEC 1265

Signature Properties No 5 Pty Ltd v Penrith City Council [2021] NSWLEC 1265

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because owner consent was provided, the application had been notified and submissions considered, the amended boarding house was permissible in the R3 Medium Density Residential zone, complied with relevant development standards and planning controls, addressed flooding, sustainability, salinity, servicing, contamination and BASIX requirements, complied with cl 30 of State Environmental Planning Policy (Affordable Rental Housing) 2009, and was compatible with the local area under cl 30A. With no jurisdictional impediment, s 34(3) of the Land and Environment Court...

Jurisdiction
Australia
Judgment Date
20 May 2021
Procedural Posture
Class 1 Development Application Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; Applicant ordered to pay Respondent's costs thrown away in the amount of $5,000.
Legal Topics
['development Application' 'boarding House' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'boarding House' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to amend Development Application DA20/0483 to rely on amended plans and documents.' 'Whether the Court could approve the amended development application for a two-storey boarding house with thirteen boarding rooms, three at grade car parking spaces and associated landscaping at 3 Edward Street, Kingswood.' "Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision that the Court could make in the proper exercise of its functions."]

Ratio Decidendi

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because owner consent was provided, the application had been notified and submissions considered, the amended boarding house was permissible in the R3 Medium Density Residential zone, complied with relevant development standards and planning controls, addressed flooding, sustainability, salinity, servicing, contamination and BASIX requirements, complied with cl 30 of State Environmental Planning Policy (Affordable Rental Housing) 2009, and was compatible with the local area under cl 30A. With no jurisdictional impediment, s 34(3) of the Land and Environment Court...

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; Applicant ordered to pay Respondent's costs thrown away in the amount of $5,000.

Orders

  • ["The Applicant is granted leave to amend Development Application DA20/0483 (the DA) 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)...