Malosi Group Pty Ltd v Penrith City Council [2022] NSWLEC 1505

Land and Environment Court New South Wales

Medium Neutral Citation: Malosi Group Pty Ltd v Penrith City Council [2022] NSWLEC 1505 Hearing dates: Conciliation conference on 15 July 2022, 26 August 2022 and 8 September 2022 Date of orders: 19 September 2022 Decision date: 19 September 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.14 and s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979, the development control order No. 2 dated 1 April 2022 and given by the Respondent pursuant to Div 9.3 and Schedule 5 Part 1 of the Environmental Planning and Assessment Act 1979 to the Applicant, is substituted in terms of the substituted Order No. 1 attached as Annexure A. The date of the substituted Order No. 1 of Schedule 5 Part 1 attached as Annexure A and dated 19 September. Catchwords: DEVELOPMENT CONTROL ORDERS – Order no. 2 – cease any unauthorised work – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.3, 8.14, 8.18, 9.34, Sch 5 Pt 1 Land and Environment Court Act 1979, ss 17, 34 Penrith Local Environmental Plan 2010, zoning, cl 1.4, Dictionary Protection of the Environment Operations Act 1997, s 91 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2, cl 2.2 State Environmental Planning Policy (Hazards & Resilience) 2021, cll 4.14, 4.18 Category: Principal judgment Parties: Malosi Group Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: W Sadek (Solicitor) (Applicant) M Bullivant (Solicitor) (Respondent)