Evacorp Pty Ltd v Penrith City Council [2020] NSWLEC 1317

Land and Environment Court New South Wales

Medium Neutral Citation: Evacorp Pty Ltd v Penrith City Council [2020] NSWLEC 1317 Hearing dates: Conciliation conference on 29 April 2020 and 26 June 2020 Date of orders: 24 July 2020 Decision date: 24 July 2020 Jurisdiction: Class 1 Before: Bindon AC 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 $6,200, within 14 days of the date of this agreement. (3) The appeal is upheld. (4) Development Application No. DA18/1133 for the demolition of existing structures and construction of six (6) townhouses on Lot 53 DP 16330 and known as 170 Canberra Street, St Marys NSW 2760 is approved subject to the conditions annexed to this agreement as Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-unit residential development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Penrith Local Environmental Plan 2010 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Emmott v Ku-ring-gai Municipal Council (1954) 3 LGRA 177 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 184 LGERA 104; [2011] NSWCA 349 Nessdee Pty Ltd v Orange City Council [2017] NSWLEC 158 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Parramatta Development Control Plan 2011 New South Wales Planning and Environment, Child Care Planning Guideline, (August 2017) Category: Principal judgment Parties: Evacorp Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: T To (Applicant) A Avery (Solicitor) (Respondent)