Cohen v Penrith City Council [2020] NSWLEC 1331

Land and Environment Court New South Wales

Medium Neutral Citation: Cohen v Penrith City Council [2020] NSWLEC 1331 Hearing dates: Conciliation conference on 24 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure A to this agreement. (2) The Appeal is upheld. (3) Development Application DA/1140/2018 for the construction of a dwelling house, ancillary farm shed, pool, landscaping, vegetation and biodiversity management works and onsite waste water irrigation system on land legally described as Lot 3 in DP 539282 known as 880 Londonderry Road, Londonderry, NSW is approved subject to the conditions set out in Annexure A to this agreement. Catchwords: APPEAL – development application – dwelling house – vegetation management plan – conciliation conference – agreement reached Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Penrith Local Environmental Plan 2010 State Environmental Planning Policy No 55 – Remediation of Land Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) Threatened Species Conservation Act 1995 Category: Principal judgment Parties: Mark Cohen (Applicant) Penrith City Council (Respondent) Representation: Counsel: D Tyrell (Solicitor) (Applicant) M Pearce (Solicitor) (Respondent)