Great River NSW Pty Ltd v Minister for Planning and Public Spaces [2022] NSWLEC 1162

Land and Environment Court New South Wales

Medium Neutral Citation: Great River NSW Pty Ltd v Minister for Planning and Public Spaces [2022] NSWLEC 1162 Hearing dates: 7 December 2021, 2 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment to the development application lodged on the NSW Planning Portal on 4 March 2022 and filed with the Court on the same date. (2) The appeal is upheld. (3) Development consent is granted for the Torrens title subdivision of three lots at 14-98 Old Castlereagh Road, Castlereagh into four environmental lots and one residual lot, and the subdivision of the residual lot into 93 Community title lots and one community association lot, across 13 development stages with associated earthworks, road works and landscaping, subject to the conditions of consent in Annexure A. (4) Exhibits 1, 3-16 are returned and Exhibits A-K, 2, and 17 are retained. Catchwords: APPEAL – development application – subdivision of land – Torrens title subdivision and community title subdivision – Penrith Lakes Scheme – adequacy of flood evacuation measures – all contentions resolved Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Penrith Lakes Scheme) 1989, cll 22, 23, 31, 33, 34, 36 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Ch 5, cl 5.8 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Penrith Lakes Development Control Plan Stage 1 (November 2021) Category: Principal judgment Parties: Great River NSW Pty Ltd (Applicant) Minister for Planning and Public Spaces (Respondent) Representation: Counsel: A Galasso SC with M Seymour (Applicant) A Pickles SC with T March (Respondent)