Boval Engineering Pty Ltd v Penrith City Council [2022] NSWLEC 1660

Land and Environment Court New South Wales

Medium Neutral Citation: Boval Engineering Pty Ltd v Penrith City Council [2022] NSWLEC 1660 Hearing dates: Conciliation conference on 7 October 2022 Date of orders: 30 November 2022 Decision date: 30 November 2022 Jurisdiction: Class 1 Before: Washington AC Decision: The Court Orders: (1) The Applicant is to pay the Respondent's costs under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $1,000. (2) The appeal is upheld. (3) Development Application No. DA21/0677, for the construction of a new storage building, reconfiguration of on-site carparking, hardstand area for bin storage, tree removal, and new landscaping on 13 Coombes Drive, Penrith NSW (legally described Lot 20 DP242954), is approved subject to the conditions of consent set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 ss 7.3, 7.7 Environmental Planning and Assessment Act 1979 ss 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 4.3, 4.4, 7.4, 7.6, 7.7, 7.30 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 cll 9.3, 9.4, 9.5 Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: Boval Engineering Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: J McKelvey (Applicant) A Avery (Solicitor) (Respondent)