Deerubbin Local Aboriginal Land Council v Penrith City Council [2021] NSWLEC 1395

Land and Environment Court New South Wales

Medium Neutral Citation: Deerubbin Local Aboriginal Land Council v Penrith City Council [2021] NSWLEC 1395 Hearing dates: Conciliation conference on 26 May and 17 June 2021 Date of orders: 7 July 2021 Decision date: 07 July 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the amended plans and additional information as referred to in Annexure A; (2) The appeal is upheld; (3) Development consent is granted to development application no DA20/0551 for the construction of a community facility, site remediation and environmental protection works, with associated on-site sewage management, drainage, landscaping, signage, car parking and tree removal works at 41-63 Cranebrook Road, Cranebrook NSW subject to the conditions at Annexure B; (4) No order as to costs. Catchwords: DEVELOPMENT APPLICATION – community facility – conciliation conference – agreement between the parties – orders Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Biodiversity Conservation Act 2016 s 6.12 and Part 7 Biodiversity Conservation Regulation 2017 Environmental Planning and Assessment Act 1979 ss 1.7, 4.14, 4.15 Land and Environment Court Act 1979 ss 34, 39 Penrith Local Environmental Plan 2010 cll 4.3, 4.4, 5.10, 7.1- 7.7 Roads Act 1993 s 138 State Environmental Planning Policy (Infrastructure) 2007 (NSW) cl 101 State Environmental Planning Policy No 55—Remediation of Land State Regional Environmental Plan 20—Hawkesbury–Nepean River (No 2—1997) Water Management Act 2000 s 91 Texts Cited: Penrith City Council Development Control Plan 2014 Penrith City Council Water Sensitive Urban Design Policy 2013 Planning for Bush Fire Protection Category: Principal judgment Parties: Deerubbin Local Aboriginal Land Council (Applicant) Penrith City Council (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: M Wright SC (Applicant) J Wauchope (Solicitor) (First Respondent) J Dorricott (Solicitor) (Second Respondent)