Background
Jonathon Charlies Galea and Michelle Kay Galea sought approval for a 15m by 18m shed, continued use of a driveway, and ancillary works at 394–400 Cranebrook Road, Cranebrook. Penrith City Council approved the development application in October 2025, subject to conditions.
The applicants brought a Class 1 appeal against conditions 7, 21, 22 and 23. Before a court-convened conciliation conference, the parties agreed on revised consent conditions, including removing requirements to register a restrictive covenant on title and to demolish a cottage on the land.
The Court’s Holding
Commissioner Targett upheld the appeal and granted development consent for DA25/0449 subject to the agreed conditions in Annexure A. The decision implemented the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 (NSW).
The Commissioner was satisfied the agreed result was one the Court could properly make. The Court accepted that the application was supported by a streamlined biodiversity development assessment report, with conditions requiring retirement of 11 biodiversity credits, and that the relevant planning, bushfire, stormwater and environmental requirements had been addressed.
Key Takeaways
- A Class 1 planning appeal may be resolved by agreed orders where the Court is satisfied the outcome is within its statutory power.
- The Court did not undertake a merits assessment of the disputed conditions; it assessed whether the parties’ agreement could lawfully be made.
- The revised consent removed the proposed restrictive covenant and cottage-demolition requirements while retaining biodiversity-offset conditions.
Why It Matters
The decision illustrates the Land and Environment Court’s conciliation process in action: negotiated planning outcomes can be formalised efficiently, but only after the Court independently confirms the agreement satisfies applicable statutory planning and environmental requirements.