Worldmark Investments Pty Ltd v Penrith City Council [2020] NSWLEC 1385

Land and Environment Court New South Wales

Medium Neutral Citation: Worldmark Investments Pty Ltd v Penrith City Council [2020] NSWLEC 1385 Hearing dates: Conciliation conference on 19 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application No. 19/0535 and rely upon the amended plans and documents referred to 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 (NSW) in the agreed amount of $3,000 in full and final settlement of all Council's costs thrown away in these proceedings within 28 days of the date of the Court's orders. (3) The appeal is upheld. (4) Development application DA19/0535 seeking consent demolition of existing structures and construction of a 11-room boarding house is approved subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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 Category: Principal judgment Parties: Worldmark Investments Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: N Hammond (Applicant) A Avery (Solicitor) (Respondent)