Urban Apartments Pty Ltd v Penrith City Council [2023] NSWLEC 1094

Land and Environment Court New South Wales

Medium Neutral Citation: Urban Apartments Pty Ltd v Penrith City Council [2023] NSWLEC 1094 Hearing dates: 10-14 October 2022: Final submissions 20 November 2022 Date of orders: 02 March 2023 Decision date: 02 March 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed (2) Development application DA20/0167 seeking consent for construction of a part 5-storey, part 44‑storey mixed use development including a 5‑storey podium inclusive of 4 levels of above ground partially sleeved parking and one level of basement car parking at 614-632 High Street, Penrith, being Lot 10 in DP 1162271, is refused. (3) All Exhibits are returned, except for Exhibits H, J, FF, GG, HH, JJ, KK, LL and 13. Catchwords: DEVELOPMENT APPLICATION – mixed use development in B4 Mixed Use zone – residential apartment development – whether exhibits design excellence – whether community infrastructure is included – flood evacuation – whether variation to sun access development standard is justified - Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 7.4, 7.11, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 39 Penrith Local Environmental Plan 2010, cll 4.3, 4.4, 4.6, 8.2, 8.4, 8.7 Roads Act 1993, ss 7, 9, 145 State Environmental Planning Policy (Planning Systems) 2021 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, Sch 1 Sydney Local Environmental Plan 2012, cll 6.14 Cases Cited: Agostino v Penrith City Council (2010) 172 LGERA 380; [2010] NSWCA 20 Botany Bay City Council v Saab Corp (2011) 82 NSWLR 171; [2011] NSWCA 308 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 L & G Management Pty Ltd v Council of the City of Sydney (2021) 252 LGERA 31; [2021] NSWLEC 149 L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 North Sydney Municipal Council v PD Mayoh Pty Ltd (No.2)(1990) LGRA 71 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Wehbe v Pittwater council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: City of Penrith's Community Infrastructure Policy Penrith Development Control Plan 2014 Category: Principal judgment Parties: Urban Apartments Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Galasso SC with J Reid (Applicant) A Pickles SC (Respondent)