BW Cranebrook Pty Ltd v Penrith City Council [2023] NSWLEC 1036

Land and Environment Court New South Wales

Medium Neutral Citation: BW Cranebrook Pty Ltd v Penrith City Council [2023] NSWLEC 1036 Hearing dates: Conciliation conference on 23 December 2022 Date of orders: 02 February 2023 Decision date: 02 February 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment to the development application, agreed at $31,000.00; (2) the appeal is upheld; (3) Development consent is granted to Development Application No. DA21/0837 for construction and use of a mixed-use development consisting of a child care centre, swim school, service station, three take away food and drink premises, at-grade car parking, landscaping and subdivision at 1 Renshaw Street, Cranebrook, and associated drainage work in Lot 1 DP 286568, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.46, 4.47, 8.7, 8.15 Environment Planning and Assessment Regulation 2000, cl 49 Environment Planning and Assessment Regulation 2021, s 50 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 2.2, 2.3, 2.6, 4.1, 4.3, 4.4, 5.10, 5.21, 7.5, 7.6, 7.7, 7.22 Roads Act 1993, s 138 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 6 State Environmental Planning Policy (Industry and Employment) 2021 ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 3.11, 4.6 State Environmental Planning (Transport and Infrastructure) 2021, cll 2.109, 2.122 State Environmental Planning Policy Amendment (Water Catchments) 2022 Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River cll 5, 6, 11 Texts Cited: Penrith Development Control Plan 2014 NSW Rural Fire Service, Planning for Bushfire Protection, 2019 Category: Principal judgment Parties: BW Cranebrook Pty Ltd ATF BW Cranebrook Trust (First Applicant) BW Cranebrook 2 Pty Ltd ATF BW Cranebrook Trust 2 (Second Applicant) Penrith City Council (Respondent) Representation: Counsel: F Rourke (Solicitor)(Applicant) C Morton (Solicitor) (Respondent)