Gosling v Penrith City Council [2016] NSWLEC 1231

Gosling v Penrith City Council [2016] NSWLEC 1231

The Court upheld the appeal in part and approved the modification application, disposing of the proceedings in accordance with the agreement reached between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and making orders to give effect to that agreement without conducting a merit assessment.

Parties
Applicant: Ty Gosling; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
26 May 2016
Procedural Posture
Modification Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld in part and modification application approved subject to modified conditions.
Legal Topics
Modification Application, Conciliation Conference, Development Consent
Planning and Environment Modification Application Conciliation Conference Development Consent

Case Brief

Summary, issues, holding and outcome

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Parties

Ty Gosling

Applicant

Penrith City Council

Respondent

Procedural Posture

Modification Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the modification application should be approved subject to conditions
  2. 2 Whether the appeal regarding the property at 41–47 Jolly Street, Castlereagh should be upheld

Ratio Decidendi

The Court upheld the appeal in part and approved the modification application, disposing of the proceedings in accordance with the agreement reached between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and making orders to give effect to that agreement without conducting a merit assessment.

Court Disposition

Appeal upheld in part and modification application approved subject to modified conditions.

Orders

  • The appeal in respect of the property known as Lot 122 in Deposited Plan 709303 at 41–47 Jolly Street, Castlereagh, is upheld in part.
  • Modification Application No. DA14 / 0622.02 seeking to amend several conditions relating to the location of approved shed, shed design, operational conditions and lighting is approved subject to the modified conditions contained in Annexure 'A'.