Liu v Penrith City Council [2022] NSWLEC 1385

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Penrith City Council [2022] NSWLEC 1385 Hearing dates: Conciliation conference on 8 March and 6 April 2022 Date of orders: 21 July 2022 Decision date: 21 July 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development Application No. DA21/0561 for demolition of existing dwelling and construction of a two (2) storey boarding house comprising 9 boarding rooms, including five (5) at grade car parking spaces and associated landscaping on land legally comprising of the allotment described as Lot 211 DP31157, known as 27 Coreen Avenue, Penrith is approved subject to the conditions set out in Annexure "A" to this agreement. (3) Pursuant to sections 34(3)(a) and (b) of the Land and Environment Court Act 1979 (NSW) the parties request that the Commissioner dispose of these proceedings in accordance with the terms of the decision set out in [2] above. Catchwords: DEVELOPMENT APPEAL – boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: 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 2.7, 4.3, 4.4, 4.5 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 30 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Chia – Chen Liu (Applicant) Penrith City Council (Respondent) Representation: Counsel: Graham McKee (Solicitor) (Applicant) Catherine Morton (Solicitor) (Respondent)