Protect Penrith Action Group Inc v Penrith City Council [2015] NSWLEC 199

Land and Environment Court New South Wales

Medium Neutral Citation: Protect Penrith Action Group Inc v Penrith City Council [2015] NSWLEC 199 Hearing dates: 30 November 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Class 4 Before: Preston CJ Decision: Orders as set out at [42] Catchwords: JUDICIAL REVIEW – decision to grant development consent for place of public worship – whether failure to consider relevant matter – aircraft noise intrusion from proposed new airport – applicable local environmental plan requiring consideration of relevant matter – local council considered and was satisfied about relevant matter – proceedings dismissed – order that costs follow the event Category: Principal judgment Parties: Protect Penrith Action Group Inc (Applicant) Penrith City Council (First Respondent) Muhammadi Welfare Association Inc (Second Respondent) Representation: Counsel: Mr J Loxton (Applicant) Ms V McWilliam (First Respondent) Mr P E King (Second Respondent)

Solicitors: Robert Balzola & Associates (Applicant) Sparke Helmore (First Respondent) The People's Solicitors (Second Respondent) File Number(s): 40130 of 2015 Publication restriction: No

Judgment

A development consent is challenged 1. A local community group, Protect Penrith Action Group Inc ('the Action Group'), has brought proceedings to judicially review the determination of Penrith City Council ('the Council') to grant consent to a development application made by a non-profit Muslim community organisation, the Muhammadi Welfare Association ('the Welfare Association'), for the development of the construction of a meeting hall building, shed, carpark, associated landscaping and waste water management system, and use as a place of public worship ('the development') on land at 81-89 Clifton Avenue, Kemps Creek ('the Kemps Creek land'). 2. Although the Action Group had pleaded many grounds of challenge, at the hearing today it relied on only one ground, the failure to consider and be satisfied about the relevant matter in cl 6.14(3)(c) of Penrith Local Environmental Plan 2010 ('PLEP 2010'). This clause required the Council, as the consent authority with respect to the Welfare Association's development application, before determining the development application, to be satisfied that the development will meet an Australian Standard concerning aircraft noise intrusion, AS 2021–2000, with respect to interior noise levels for the development. 3. The Action Group contended that the Council failed to consider and be satisfied of this matter in determining the development application. The Council and the Welfare Association joined issue with the Action Group and relied on the evidence of consideration in the Council officer's report to the Council meeting and the recommended conditions of consent that addressed the matter, which were considered and adopted by the Council at its meeting on 24 November 2014 when the Council determined to grant consent to the development application.