Event and Time
Event Description
- Case Title: Development Application Appeal
- Court: NSW Land and Environment Court
- Date of Appeal: 19 January 2021
- Date of Decision: Not specified, but after 3 May 2021 (conciliation conference)
Application and Claims
- Parties Involved:
- Applicant: Developer seeking approval for the construction of a Child Care Centre. - Respondent: Penrith City Council (Council), which deemed the application refused.
- Development Application (DA): DA20/0644 for a 200-place Child Care Centre located at 15-17 Garswood Road, Glenmore Park, with additional supporting structures (car parking, landscaping, drainage).
- Claims:
- The Applicant claims that the DA complies with all relevant planning instruments and environmental regulations. - The Respondent Council issued a deemed refusal, prompting the appeal based on various grounds, including public submissions against the development.
Judicial Decisions
- After a conciliation conference on 3 May 2021, the parties reached an agreement.
- The Court was required to accept this agreement as it was within its power to do so.
- The DA was amended, reducing the number of places in the Child Care Centre and modifying various plans and associated elements.
Dispute Points and Legal Basis
Dispute Points
- Arguments from the Applicant:
- The DA complies with the Penrith Local Environmental Plan 2010 (PLEP) and other relevant state policies. - The Applicant provided a Detailed Site Investigation report outlining that the land is suitable for the intended purpose. - Modifications made to the original DA address concerns raised in public submissions.