888 Investments Pty Ltd v Penrith Council [2022] NSWLEC 1422

Land and Environment Court New South Wales

Medium Neutral Citation: 888 Investments Pty Ltd v Penrith Council [2022] NSWLEC 1422 Hearing dates: Conciliation conference on 16 March and 30 May 2022 Date of orders: 19 August 2022 Decision date: 19 August 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) The Applicant is granted leave to amend Development Application No. DA21/0719 and rely upon the following amended plans and documents which are referenced in Condition 1 at Annexure A. (3) Development Consent is granted to amended Development Application No. DA21/0719 for the demolition of existing dwellings, tree removal and construction of a two storey, 97 place child care centre over one level of basement carparking subject to the conditions in Annexure A. (4) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application in the amount of $5,000.00 within 28 days of the date of these orders. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Interpretation Act 1987, ss 5, 30 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, Sch 5, cll 2.7, 4.3, 5.10, 7.1 State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017, Ch 3, Pt 3, cll 22, 23, 25 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Category: Principal judgment Parties: 888 Investments Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Reid (Applicant)