Signature Properties No. 5 Pty Ltd v Penrith City Council [2021] NSWLEC 1023

Land and Environment Court New South Wales

Medium Neutral Citation: Signature Properties No. 5 Pty Ltd v Penrith City Council [2021] NSWLEC 1023 Hearing dates: Conciliation conference on 21 and 22 December 2020, final agreement filed 13 January 2021 Date of orders: 15 January 2021 Decision date: 15 January 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application DA20/0449 (the DA) to rely on the plans and documents referred to in Condition 1 of the conditions annexed and marked 'A'. (2) The written request pursuant clause 4.6 of the Penrith Local Environmental Plan 2010 prepared by Mecone dated December 2020 seeking to justify the contravention of clause 30(1)(h) of State Environmental Planning Policy (Affordable Rental Housing) 2009 in relation to the number of motorcycle parking spaces, is upheld. (3) The appeal is upheld. (4) The DA for the construction of a two-storey boarding house with eleven (11) boarding rooms and four (4) at grade car parking spaces and associated landscaping at 36 Jamison Road, Kingswood (legally known as Lot 20 in Deposited Plan 209236) is approved subject to the conditions set out in Annexure 'A'. (5) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $7,600.00. Catchwords: DEVELOPMENT APPLICATION – 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 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2) 1997 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Signature Properties No. 5 Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Pearce (Solicitor) (Respondent)