Principal Healthcare Finance Pty Limited v Penrith City Council [2020] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Principal Healthcare Finance Pty Limited v Penrith City Council [2020] NSWLEC 1232 Hearing dates: Conciliation conference on 21 May 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court Orders: (1) Leave is granted to the Applicant to amend the Development Application and rely on the plans listed in Condition 1 of the Conditions of Consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the amount of $5,000, payable within 28 days of the date of this agreement. (3) The Clause 4.6 variation application in relation to the development standard contained in clause 40(4)(c) of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is upheld. (4) The appeal is upheld. (5) Development Application No. DA19/0419 lodged with the Respondent on 25 June 2019 and as amended by the plans, drawings and material listed in Condition 1 of the Conditions of Consent for the demolition of existing structures and construction of a 2 storey Residential Aged Care Facility including 142 beds, an allied health facility, at-grade carparking, earthworks and landscaping at 5-7 Floribunda Avenue, Glenmore Park NSW 2745 is approved subject to the conditions annexed to this agreement as Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Penrith Local Environmental Plan 2010 Rural Fires Act 1997 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 55—Remediation of Land Cases Cited: Ku-ring-gai Council v Pathways Property Groups Pty Ltd [2018] NSWLEC 73 Category: Principal judgment Parties: Principal Healthcare Finance Pty Limited (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) A Avery (Solicitor) (Respondent)