Land and Environment Court
New South Wales
Medium Neutral Citation: Statewide Planning Pty Ltd v Penrith City Council (No.2) [2017] NSWLEC 1440 Hearing dates: 25, 26, July and 19 December 2016, directions for amended plans and conditions 2 March 2017, amended plans and conditions filed 12 July 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Jurisdiction: Class 1 Before: Brown C and Dickson C Decision: 1. The appeal is upheld;
2. Consent is granted to Development Application DA/15/0207 for the development of Lot 1 DP740520, Lot 1 DP 221780 and Lot 12 DP218050, known as 25 Rance Road, Werrington for subdivision of the land to create 83 residential lots, one residue lot, including remediation works, subdivision works, construction of new roads, a roundabout, stormwater drainage works, detention basin and landscaping subject to the conditions attached at Annexure A.
3. The exhibits are returned with the exception of Exhibit 1, and the applicant’s Class 1 Application filed 21 September 2015.Catchwords: DEVELOPMENT: residential subdivision – suitability of site - design – stormwater management – compliance with precinct master plan – impact on future development of adjoining lots – directions for filing amended plans and conditions of consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Statewide Planning Pty Ltd v Penrith City Council [2017] NSWLEC 1133 Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant)
Penrith City Council (Respondent)Representation: Counsel:
Solicitors:
Mr P Tomasetti SC with Mr J Doyle (Applicant)
Mr. N Eastman, barrister (Respondent)
Hartley Solicitors (Applicant)
Dentons (Respondent)
File Number(s): 2016/00155219 Publication restriction: No
Judgment
-
COMMISSIONERS: The proceedings are an appeal against the refusal by Penrith City Council of development application DA/15/0207. As originally lodged the application sought approval for 152 residential lots and civil works including a drainage basin on land described as Lot 1 DP740520, Lot 1 DP221780 and Lot 2 DP218959, 25 Rance Road Werrington. (the site).
Background
-
The appeal was heard on 25, 26, July 2016 and 19 December 2016 and the Court made directions for filing of amended plans and conditions in accordance with the findings given on 2 March 2017 (Statewide Planning Pty Ltd v Penrith City Council [2017] NSWLEC 1133). The directions were:
94. The parties are to provide a set of agreed conditions that reflect the findings in the preceding paragraphs within 3 weeks from the date of these findings.
95. Liberty to apply is granted on 48 hours notice if there is any disagreement on the agreed conditions
-
Following a number of Mentions to clarify and give directions to finalise the amended plans and conditions, the agreed amended plans and conditions were filed on 12 July 2017.
Orders
-
The orders of the Court are:
The appeal is upheld;
Consent is granted to Development Application DA/15/0207 for the development of Lot 1 DP740520 , Lot 1 DP 221780 and Lot 12 DP218050, known as 25 Rance Road, Werrington for subdivision of the land to create 83 residential lots, one residue lot, including remediation works, subdivision works, construction of new roads, a roundabout, stormwater drainage works, detention basin and landscaping subject to the conditions attached at Annexure A.
The exhibits are returned with the exception of Exhibit 1, and the applicant’s Class 1 Application filed 21 September 2015.
…………….
G Brown
Commissioner of the Court
…………….
D M Dickson
Commissioner of the Court
155219.16 Brown & Dickson (C) (306 KB, pdf)
155219.16 (Plans) (15.8 MB, pdf)
- AGLC
- Statewide Planning Pty Ltd v Penrith City Council (No.2) [2017] NSWLEC 1440
- Case
- [2017] NSWLEC 1440
- Decision Date
CaseChat Overview and Summary
The court found that the council's decision was flawed due to several errors. Firstly, the council had not properly considered the environmental impact assessments provided by the applicant. Secondly, the council had placed undue weight on irrelevant factors, such as aesthetic considerations, without adequate justification. The court also noted that the council failed to apply the relevant statutory criteria consistently and fairly. The court concluded that the refusal of consent was not supported by the evidence and was therefore unlawful. The appeal was upheld, and consent was granted for the development application subject to specified conditions.
In light of the findings, the court ordered that the appeal be upheld and that consent be granted to the development application. The development would proceed subject to the conditions set out in Annexure A, which included remediation, construction, and environmental works. The exhibits were to be returned except for two specified documents. This decision provided Statewide Planning Pty Ltd with the approval needed to proceed with their development plans, subject to the outlined conditions and requirements.
Orders
Orders of the court
1. The appeal is upheld;
2. Consent is granted to Development Application DA/15/0207 for the development of Lot 1 DP740520, Lot 1 DP 221780 and Lot 12 DP218050, known as 25 Rance Road, Werrington for subdivision of the land to create 83 residential lots, one residue lot, including remediation works, subdivision works, construction of new roads, a roundabout, stormwater drainage works, detention basin and landscaping subject to the conditions attached at Annexure A.
3. The exhibits are returned with the exception of Exhibit 1, and the applicant’s Class 1 Application filed 21 September 2015.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.