Hallani Constructions Pty Ltd v Penrith City Council [2020] NSWLEC 1477

Land and Environment Court New South Wales

Medium Neutral Citation: Hallani Constructions Pty Ltd v Penrith City Council [2020] NSWLEC 1477 Hearing dates: Conciliation conference on 4, 18 August 2020 and 29 September 2020 Date of orders: 14 October 2020 Decision date: 14 October 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to amend the development application and rely upon the plans in the proceedings referred to at condition 1 in Annexure A. (2) The appeal is upheld. (3) Development application DA-18/1087 seeking the demolition of existing structures, the removal of trees and the construction of five (5) two-storey townhouses with car parking, associated driveway and ancillary landscaping, fencing and stormwater and drainage works and strata subdivision at premises known as 33 Jones Street, Kingswood is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-unit residential development – 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (March 2020) Category: Principal judgment Parties: Hallani Constructions Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) A Avery (Solicitor) (Respondent)