Statewide Planning Pty Ltd v Penrith City Council [2024] NSWLEC 1080

Statewide Planning Pty Ltd v Penrith City Council [2024] NSWLEC 1080

The appeal is upheld and development consent granted on the basis that the amended development application meets all required statutory and planning assessment controls, with no jurisdictional impediment, and agreement between the parties as to appropriate conditions. The statutory preconditions for consent, including for integrated development and environmental considerations, are satisfied. Orders are made pursuant to s 34(3) of the Land and Environment Court Act 1979 (NSW).

Jurisdiction
Australia
Judgment Date
27 February 2024
Procedural Posture
Class 1 Appeal Development Application / Post Conciliation Conference; Final Orders by Consent
Outcome
Appeal upheld. Development consent granted subject to conditions. Costs thrown away by amendments to be paid by applicant.
Legal Topics
['development Application Appeal' 'consent Orders' 'subdivision' 'biodiversity Assessment' 'bushfire Safety Authority' 'flood Assessment' 'rail Corridor Impact' 'salinity' 'site Contamination' 'urban Heat']
['planning and Environment Law'] ['development Application Appeal' 'consent Orders' 'subdivision' 'biodiversity Assessment' 'bushfire Safety Authority' 'flood Assessment' 'rail Corridor Impact' 'salinity' 'site Contamination' 'urban Heat']

Case Brief

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Procedural Posture

Class 1 Appeal Development Application / Post Conciliation Conference; Final Orders by Consent

Legal Issues

  1. 1 ['Whether the amended development application for Torrens title subdivision should be granted consent subject to conditions' 'Whether requirements under relevant statutes and planning instruments are satisfied (including Biodiversity, Bushfire, Water, Flood, Acoustic, Contamination, Salinity, and State & Local Planning Policies)' 'Whether there are jurisdictional impediments to granting consent under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The appeal is upheld and development consent granted on the basis that the amended development application meets all required statutory and planning assessment controls, with no jurisdictional impediment, and agreement between the parties as to appropriate conditions. The statutory preconditions for consent, including for integrated development and environmental considerations, are satisfied. Orders are made pursuant to s 34(3) of the Land and Environment Court Act 1979 (NSW).

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Costs thrown away by amendments to be paid by applicant.

Orders

  • ["The applicant is to pay the respondent's costs thrown away as a result of the amendments made as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979." 'The appeal is upheld.' "Development Application DA22/0801 for Torrens title subdivision of 11 lots, consisting...