Penrith City Council v Settlers Estate Pty Ltd (No 2) [2020] NSWLEC 128

Land and Environment Court New South Wales

Medium Neutral Citation: Penrith City Council v Settlers Estate Pty Ltd (No 2) [2020] NSWLEC 128 Hearing dates: 6, 7, 8, 10 and 15 July 2020 Date of orders: 4 September 2020 Decision date: 04 September 2020 Jurisdiction: Class 4 Before: Pepper J Decision: Separate questions answered in the affirmative. Respondents to pay the applicant's costs. Catchwords: SEPARATE QUESTION: civil enforcement – whether the construction of a drainage line, culvert and channel were carried out contrary to approval by reason of their location – issues narrowed upon tender of further revised works as executed plan – construction contrary to stage 3 consent and stage 3 roads and drainage construction certificate – construction contrary to controlled activity approvals – separate questions answered in favour of the council – respondents to pay applicant's costs. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.2, 4.47(2) and (3) Water Management Act 2000 ss 91E, 91G Cases Cited: Bunderra Holdings Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd [2017] NSWCA 263; (2017) 96 NSWLR 434 Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404; (2014) 206 LGERA 40 Elanor Investors Limited v Sydney Zoo Pty Ltd (No 5) [2020] NSWLEC 93 Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 Penrith City Council v Settlers Estate Pty Ltd [2020] NSWLEC 99 Category: Principal judgment Parties: Penrith City Council (Applicant) Settlers Estate Pty Ltd (First Respondent) Statewide Planning Pty Ltd (Second Respondent) George W Pty Ltd (Third Respondent) Eastern O'Connell Pty Ltd (Fourth Respondent) Representation: Counsel: T To (Applicant) P Tomasetti SC and J Doyle (First to Fourth Respondents)