Schell Custodian Pty Ltd as Trustee of Schell Family Superannuation Fund V Penrith City Council [2023] NSWLEC 1051

Land and Environment Court New South Wales

Medium Neutral Citation: Schell Custodian Pty Ltd as Trustee of Schell Family Superannuation Fund V Penrith City Council [2023] NSWLEC 1051 Hearing dates: Conciliation conference on 30 and 31 January 2023 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Development Application No. DA21/0855, as amended, for the construction of an attic-style detached dual occupancy dwelling and strata title subdivision on land legally described as Lot 7 in DP 21745, known as 62 Warwick Street, Penrith, NSW, 2750, is determined by the grant of Development Consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Dual Occupancy – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34 AA Penrith Local Environmental Plan 2010, cll 5.10, 7.1,7.4, 7.6, 7.7, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Schell Custodian Pty Ltd as Trustee of Schell Family Superannuation Fund (Applicant) Penrith City Council (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) N Hammond (Respondent)