Siwogu Pty Ltd v Penrith City Council [2021] NSWLEC 1492

Land and Environment Court New South Wales

Medium Neutral Citation: Siwogu Pty Ltd v Penrith City Council [2021] NSWLEC 1492 Hearing dates: Conciliation conference on 16 and 30 July and 9 August 2021 Date of orders: 26 August 2021 Decision date: 26 August 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders as follows: (1) The Applicant is to pay the Respondent's costs in the sum of $5,000 in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 within 21 days of the date of these Orders. (2) The appeal is upheld. (3) Development Application 20/0521 for the alterations and additions to the Wallacia Hotel including the relocation of an existing gaming area into an existing drive through bottle shop area, construction of internal and external accessible ramps and toilet facilities, reconfiguration of car park and new signage at 1590-1594 Mulgoa Road Wallacia, is approved subject to the conditions contained in Annexure "A" hereto. Catchwords: DEVELOPMENT APPEAL – alterations and additions to hotel – heritage – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 5.10, 5.21, 7.6, 7.7, Sch 5 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 64—Advertising and Signage, cl 8, Sch 1 Texts Cited: Wallacia Hotel Conservation Management Plan Category: Principal judgment Parties: Siwogu Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Pearce (Solicitor) (Respondent)