Protect Penrith Action Group Inc v Penrith City Council

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 2015Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction:Class 4Before: 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 judgmentParties: 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 2015Publication restriction:NoJudgmentA development consent is challenged 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...