Universal Property Group Pty Ltd v Penrith City Council [2023] NSWLEC 1082

Universal Property Group Pty Ltd v Penrith City Council [2023] NSWLEC 1082

The appeal is upheld and development consent is granted in accordance with the agreement reached at conciliation, as the court is satisfied all jurisdictional requirements and relevant statutory considerations are met and the orders reflect a decision the court could properly make.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
24 February 2023
Procedural Posture
Appeal (class 1) / Final Decision Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order against Applicant.
Legal Topics
Development Consent, Industrial Development, Appeal, Costs, Conciliation Conference
Planning and Environment Development Consent Industrial Development Appeal Costs Conciliation Conference

Case Brief

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Parties

Universal Property Group Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Appeal (class 1) / Final Decision Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the construction of 16 industrial buildings and associated civil and site works on specified lots.
  2. 2 Whether the amended development application meets the jurisdictional and statutory requirements under the Environmental Planning and Assessment Act 1979 and associated planning instruments.

Ratio Decidendi

The appeal is upheld and development consent is granted in accordance with the agreement reached at conciliation, as the court is satisfied all jurisdictional requirements and relevant statutory considerations are met and the orders reflect a decision the court could properly make.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order against Applicant.

Orders

  • The Appeal is upheld.
  • Development consent is granted to Development Application No. DA22/0217 for the construction of 16 industrial buildings and associated civil and site works on lots 4002 to 4007 and lots 4101 to 4110 approved in DA19/0704 on land legally described as Lot 1 in DP1226122 and known as 16 Chapman Street, Werrington, NSW,...