Liquid Gold 888 Pty Ltd v Penrith City Council [2020] NSWLEC 1509

Land and Environment Court New South Wales

Medium Neutral Citation: Liquid Gold 888 Pty Ltd v Penrith City Council [2020] NSWLEC 1509 Hearing dates: Conciliation Conference on 15 October 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA19/0705 for the demolition of existing structures, land remediation works, and construction of a two-storey boarding house containing 11 boarding rooms, a manager's room and basement car parking and associated site works at 6 Edith Street Kingswood NSW 2747 is approved subject to the conditions at Annexure "A". The approved plans are at Annexure "B". Catchwords: DEVELOPMENT APPEAL – boarding house – conciliation conference – agreement between the parties – submissions from residents – 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 55— Remediation of Land Sydney Regional Environmental Plan No 20—Hawkesbury–Nepean River (No 2 1997) Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: Liquid Gold 888 Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Farrell (Applicant) A Avery (Solicitor) (Respondent)