Stanton Dahl Architects v Penrith City Council [2009] NSWLEC 1204

Stanton Dahl Architects v Penrith City Council [2009] NSWLEC 1204

Clause 20 of SREP 13 permits consent for use (including development) of both the Church land and Glebe land, which together form an item of environmental heritage. The amended school proposal, with appropriate conditions, will ensure conservation and ongoing use of the heritage site, will result in little or no adverse effect on the amenity of the area, will not adversely affect heritage significance, and will properly offset impacts on Cumberland Plain Woodland and Land Snail. The proposal satisfies all relevant statutory and planning criteria and is permissible.

Jurisdiction
Australia
Judgment Date
22 June 2009
Procedural Posture
Appeal Against Refusal of a Development Application / Judgment After Hearing and Further Submissions
Outcome
Proposal approved subject to amended conditions and agreements.
Legal Topics
['development Application Refusal' 'heritage Incentives Clause' 'permissibility of Educational Establishments' 'impact on Environmental Heritage' 'noise and Amenity' 'traffic and Rural Character' 'offsets for Ecological Impact']
['planning and Environment' 'heritage Law' 'environmental Law'] ['development Application Refusal' 'heritage Incentives Clause' 'permissibility of Educational Establishments' 'impact on Environmental Heritage' 'noise and Amenity' 'traffic and Rural Character' 'offsets for Ecological Impact']

Case Brief

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Procedural Posture

Appeal Against Refusal of a Development Application / Judgment After Hearing and Further Submissions

Legal Issues

  1. 1 ['Whether the proposed development is permissible under SREP 13 heritage incentives clause' 'Whether the proposed use would have little or no adverse effect on the amenity of the area' 'Whether the proposed use would not adversely affect the heritage significance of the item of environmental heritage' 'Whether conservation of the building is unlikely unless consent is granted' 'Adequacy of offsets for impact on Cumberland Plain Woodland and Cumberland Plain Land Snail' 'Whether traffic works are required']

Ratio Decidendi

Clause 20 of SREP 13 permits consent for use (including development) of both the Church land and Glebe land, which together form an item of environmental heritage. The amended school proposal, with appropriate conditions, will ensure conservation and ongoing use of the heritage site, will result in little or no adverse effect on the amenity of the area, will not adversely affect heritage significance, and will properly offset impacts on Cumberland Plain Woodland and Land Snail. The proposal satisfies all relevant statutory and planning criteria and is permissible.

Court Disposition

Proposal approved subject to amended conditions and agreements.

Orders

  • ['Schedule of works required for each stage specifying completion timelines.' 'Consolidation of lot 1 DP996994 and lot 1 DP1035490 before occupation certificate for Stage 1.' 'Applicant must enter into voluntary planning agreement to retain CPW in perpetuity.' 'Revised landscape masterplan to be approved prior to...