Alpha Engineering & Development P/L v Penrith City Council [2020] NSWLEC 1350

Land and Environment Court New South Wales

Medium Neutral Citation: Alpha Engineering & Development P/L v Penrith City Council [2020] NSWLEC 1350 Hearing dates: Conciliation conference on 15 July 2020 Date of orders: 12 August 2020 Decision date: 12 August 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the plans in the proceedings referred to in Condition 1 in 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 in the amount of $4,000.00 within 28 days of the Court's orders. (3) The appeal is upheld. (4) Development Application No. DA19/0241 seeking the demolition of existing structures, removal of trees and the construction of a two-storey boarding house and basement car parking at 159 Jamison Road, Penrith is approved subject to the conditions in 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 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 Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: Alpha Engineering & Development P/L (Applicant) Penrith City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) A Avery (Solicitor) (Respondent)