Kohler Bros Property Group Pty Ltd v Penrith City Council [2020] NSWLEC 1364

Land and Environment Court New South Wales

Medium Neutral Citation: Kohler Bros Property Group Pty Ltd v Penrith City Council [2020] NSWLEC 1364 Hearing dates: 11-12, 20 May 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is refused. (2) The development application (DA 18/848) for the demolition of existing structures and the construction of a boarding house at 71-73 Second Avenue, Kingswood, is refused. (3) The exhibits are returned, except for Exhibits B, D, 2 and 4. Catchwords: APPEAL – development application – boarding house – whether development can be refused on the basis of parking – whether development can be refused on the basis of landscaped area – whether the design is compatible with the character of the local area – adequacy of setbacks Legislation Cited: Environmental Planning and Assessment Act 1979 Penrith Local Environmental Plan 2010 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments v Pittwater Council (2005) 142 LGERA 80; [2005] NSWLEC 191 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (March, 2020) Penrith Development Control Plan 2014 Category: Principal judgment Parties: Kohler Bros Property Group Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) R White (Respondent)