O'Connell Street Caddens Pty Ltd ATF O'Connell Street Caddens Unit Trust v Penrith City Council [2022] NSWLEC 1330

Land and Environment Court New South Wales

Medium Neutral Citation: O'Connell Street Caddens Pty Ltd ATF O'Connell Street Caddens Unit Trust v Penrith City Council [2022] NSWLEC 1330 Hearing dates: Conciliation conference on 26 April 2022, and 15 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $40,000. (3) Development Consent is granted to DA/21/0323 for a staged Community Title subdivision to create 119 residential lots, 1 residue lot and 4 super lots, civil works, creation of a new park and associated landscaping at 46-66 O'Connell Street, Caddens, subject to the conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – community title subdivision – earthworks – road construction – landscaping – conciliation conference – agreement reached Legislation Cited: Biodiversity Conservation Act 2016 s 7.7 Biodiversity Conservation Regulation 2017 cl 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 5.21, 7.1 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Water Management Act 2000 Category: Principal judgment Parties: O'Connell Street Caddens Pty Ltd ATF O'Connell Street Caddens Unit Trust (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) T To (Respondent)