Universal Property Group Pty Ltd v Penrith City Council [2023] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Penrith City Council [2023] NSWLEC 1082 Hearing dates: Conciliation Conference 17 February 2023 Date of orders: 24 February 2023 Decision date: 24 February 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development consent is granted to Development Application No. DA22/0217, for the construction of 16 industrial buildings and associated civil and site works on lots 4002 to 4007 and lots 4101 to 4110 approved in DA19/0704 on land legally described as Lot 1 in DP1226122 and known as 16 Chapman Street, Werrington, NSW, 2747, subject to the conditions at Annexure A. (3) The Applicant is directed to pay the Respondent's costs thrown away under s.8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,500 within 28 days. Catchwords: APPEAL – development application – construction of industrial buildings – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021 cll 37, 38 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010 cll 5.10, 7.1, 7.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 6.65, 9.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Johnson (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)