Statewide Planning Pty Ltd v Penrith City Council [2023] NSWLEC 1262

Statewide Planning Pty Ltd v Penrith City Council [2023] NSWLEC 1262

Jurisdictional preconditions for development consent under applicable statutes and planning instruments were satisfied, referral and concurrence of relevant agencies was obtained, and the Court was required to dispose of proceedings in terms agreed by the parties at the conciliation conference.

Parties
Applicant: Statewide Planning Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Class 1 Merit Appeal (development Application) / Conciliation Conference—final Determination Following Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; costs payable by applicant to respondent as a result of amendments.
Legal Topics
Development Consent, Subdivision, Road Approvals, Bushfire Safety, Biodiversity, Traffic Generating Development
Planning Law Environmental Law Development Consent Subdivision Road Approvals Bushfire Safety Biodiversity Traffic Generating Development

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Parties

Statewide Planning Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Class 1 Merit Appeal (development Application) / Conciliation Conference—final Determination Following Agreement

Legal Issues

  1. 1 Whether jurisdictional preconditions for grant of development consent are satisfied
  2. 2 Consistency of proposed development with relevant planning controls and policies
  3. 3 Satisfaction of requirements for integrated development, biodiversity, bushfire, roads, and traffic

Ratio Decidendi

Jurisdictional preconditions for development consent under applicable statutes and planning instruments were satisfied, referral and concurrence of relevant agencies was obtained, and the Court was required to dispose of proceedings in terms agreed by the parties at the conciliation conference.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs payable by applicant to respondent as a result of amendments.

Orders

  • Applicant to pay respondent's costs thrown away as a result of amendments to development application, as agreed or assessed in accordance with s 8.15(3) Environmental Planning and Assessment Act 1979.
  • Appeal is upheld.