Event and Time
Event Description
This case revolves around an appeal concerning Development Application No. DA22/0217 for the construction of 16 industrial buildings at 16 Chapman Street, Werrington, NSW. The appeal arises following a development consent (DA 19/0704) that allowed for the staged subdivision of the land. The parties reached an agreement during a conciliation conference.
Application and Claims
- Applicant: Lodged an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 after the development application was deemed refused.
- Respondent: The relevant consent authority, represented by the local council, raised concerns that were addressed during the conciliation conference.
- Claims: The applicant sought development consent for the construction of industrial buildings, arguing compliance with local development regulations. The respondent contested certain aspects of the development pertaining to environmental impacts, including heritage significance and contamination.
Judicial Decisions
- The Court upheld the appeal.
- Development consent was granted for DA22/0217, with conditions specified in Annexure A.
- The Applicant was directed to pay costs to the Respondent under s.8.15(3) of the Environmental Planning and Assessment Act 1979, amounting to $6,500.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Arguments:
- The development zone (IN2 Light Industrial) allows for the proposed industrial work with consent. - The development complies with height regulations as per the Penrith Local Environmental Plan 2010 (PLEP). - Proper assessments confirmed that the development would not impact local heritage sites. - Relevant environmental assessments deemed the site suitable for the proposed works.
- Respondent’s Arguments:
- Concerns regarding the impact of the development on local heritage significance were raised. - Compliance with environmental standards required further scrutiny, particularly in relation to contamination and sustainability.