Newton Developments Pty Limited v Penrith City Council [2020] NSWLEC 1382

Land and Environment Court New South Wales

Medium Neutral Citation: Newton Developments Pty Limited v Penrith City Council [2020] NSWLEC 1382 Hearing dates: Conciliation conference on 3 July 2020 Date of orders: 20 August 2020 Decision date: 20 August 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the Development Application and rely upon the plans listed in Part B 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 $2,500 within 28 days of this agreement. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA18/0315, for the demolition of existing structures and the construction of 12 x two storey townhouses with 25 car parking spaces, associated driveway and ancillary landscaping, fencing, stormwater and drainage works" subject to the conditions of consent annexed hereto and marked "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 No 55 – Remediation of Land Category: Principal judgment Parties: Newton Developments Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: F Berglund (Applicant) M Pearce (Solicitor) (Respondent)