Genext Penrith Pty Ltd v Penrith City Council [2020] NSWLEC 1563

Land and Environment Court New South Wales

Medium Neutral Citation: Genext Penrith Pty Ltd v Penrith City Council [2020] NSWLEC 1563 Hearing dates: Conciliation conference on 30 October 2020 Date of orders: 17 November 2020 Decision date: 17 November 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court Orders that: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the conditions at annexure "A". (2) The applicant is to pay the respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,500 within 28 days of the Court's orders. (3) The appeal is upheld. (4) Development Application DA19/0658 for demolition of existing structures and construction of a boarding house at 9 Reddan Avenue, Penrith is approved subject to the conditions at annexure "A". Catchwords: DEVELOPMENT APPEAL – boarding house – compatibile with the character with the local area - 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 Texts Cited: Environmental Planning and Assessment Regulation 2000 Category: Principal judgment Parties: Genext Penrith Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) A Avery (Solicitor) (Respondent)