GMKA Pty Ltd v Penrith City Council [2020] NSWLEC 1442

Land and Environment Court New South Wales

Medium Neutral Citation: GMKA Pty Ltd v Penrith City Council [2020] NSWLEC 1442 Hearing dates: 7-8 July, 25 August 2020 Date of orders: 21 September 2020 Decision date: 21 September 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Consent is granted to development application DA17/1222.01 for the demolition of existing structures and the construction of a two (2) storey boarding house incorporating 18 rooms with a basement parking level for 9 cars and 4 motorbikes, fencing, landscaping and drainage works on land at 31 Second Avenue Kingswood NSW, subject to the conditions at Annexure A. (3) The exhibits are returned with the exception of: Exhibits A, B, C and G. Catchwords: DEVELOPMENT APPLICATION – boarding house – determining which DCP controls apply – scale – visual character compatibility – amenity impacts – cross flow ventilation – application of contribution plans – contributions Legislation Cited: Environmental Planning and Assessment Act 1979 Penrith Local Environmental Plan 2010 Road Rules 2014 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Veloshin v Randwick City Council [2007] NSWLEC 428 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Boarding Houses and Development Contributions for Local Infrastructure - report to Penrith City Council's Policy Review Committee Meeting of 9 July 2018 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (July 2020) Penrith Development Control Plan 2014 Penrith City Council, Development Contributions Plan for Cultural Facilities, 2003 Penrith City Council, Development Contributions Plan for District Open Space, 2007 Penrith City Council, Development Contributions Plan for Local Open Space, 2007 Category: Principal judgment Parties: GMKA Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Fozzard (Applicant) R White (Respondent)