Liquid Gold 888 Pty Ltd v Penrith City Council [2021] NSWLEC 1497

Land and Environment Court New South Wales

Medium Neutral Citation: Liquid Gold 888 Pty Ltd v Penrith City Council [2021] NSWLEC 1497 Hearing dates: Conciliation conference on 25 August 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of Development Application No. 20/0717 in relation to items 1, 10 and 16 of Annexure A, agreed in the amount of $4,100 (inc GST) within 28 days of these orders. (2) The appeal is upheld. (3) Development Application No. 20/0717 for the demolition of existing structures and construction of a two-storey boarding house over basement parking with 11 boarding rooms, at 6 Edna Street, Kingswood, is approved, subject to the conditions of consent at Annexure B. Catchwords: DEVELOPMENT APPLICATION – boarding house – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 Penrith Local Environmental Plan 2010 cll 4.3, 4.4, 7.1, 7.4, 7.6, 7.7 State Environmental Planning Policy (Affordable Rental Housing) 2009 Div 3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Western Sydney Aerotropolis) 2000 cll 21, 24 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) State Environmental Planning Policy No 55—Remediation of Land cl 7 Category: Principal judgment Parties: Liquid Gold 888 Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) R White (Respondent)