Statewide Planning Pty Ltd v Penrith City Council [2021] NSWLEC 1804

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Penrith City Council [2021] NSWLEC 1804 Hearing dates: Conciliation conference on 22 December 2021 Date of orders: 24 December 2021 Decision date: 24 December 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended and supplementary material identified in Annexure 'A'. (2) The appeal is upheld. (3) Subdivision certificate application No. SC19/0045 for the Torrens Title subdivision of Lot 128 DP 1215199, otherwise known as 55 French Street, and 22 Major Tomkins Parade, Werrington NSW 2747 is approved. (4) The Applicant must take all steps necessary to: a. provide an amended administration sheet accompanying the s 88B Instrument (including the written consent in the form required of any other required party) which releases the restrictions on the use of land thirdly, fourthly and fifthly referred to in the s 88B instrument annexed to DP1215199 from the title of Lot 129 in Deposited Plan 1215199; b. remove dealing AR510274 being the mortgage to MCH Agency Services Pty Ltd from the title of Lot 129 in Deposited Plan 1215199; and c. pay $6,560 as a bond for any remaining ecological/ landscaping works. (5) The Respondent is directed to sign and provide a subdivision certificate and the accompanying s 88B instrument and Administration Sheet (as required for registration with NSW Land Registry Services) providing for the dedication of Lot 129 DP 1215199 to the Respondent free of cost within 5 business days of the release of the restrictions on user referred to in paragraph 4(a) and 4(b) above, or otherwise as agreed to by Council. (6) No order as to costs. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.15, 8.16 Land and Environment Court Act 1979, s 34 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: T Robertson (Applicant) D Le Breton (Solicitor) (Respondent)