HS Property Developments Pty Ltd v Penrith City Council [2021] NSWLEC 1114

Land and Environment Court New South Wales

Medium Neutral Citation: HS Property Developments Pty Ltd v Penrith City Council [2021] NSWLEC 1114 Hearing dates: Conciliation conference on 26 February 2021 Date of orders: 9 March 2021 Decision date: 09 March 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The Applicants are granted leave to rely on an amended application and rely on the plans listed in Condition 1 of the Conditions of Consent at Annexure A. (2) The Applicants are to pay the Respondent's costs thrown away in the sum of $3,000.00 within 14 days pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No. DA18/0354 lodged with the Respondent on 10 April 2018 and as amended by the plans, drawings and material listed in Condition 1 of the Conditions of Consent for demolition works, construction of ten townhouses, and ancillary landscaping, fencing, stormwater and drainage works at 34 Mamre Road and 33 Collins Street, St Marys NSW 2760 is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.16 Environmental Planning and Assessment Regulation 2000, Sch 1 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 7.4, 7.6, 7.7 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: HS Property Developments Pty Ltd (First Applicant) Coprom Pty Ltd (Second Applicant) Penrith City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicants) A Avery (Solicitor) (Respondent)