CK Design Pty Ltd v Penrith City Council [2023] NSWLEC 1133

Land and Environment Court New South Wales

Medium Neutral Citation: CK Design Pty Ltd v Penrith City Council [2023] NSWLEC 1133 Hearing dates: Conciliation Conference 20 March 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA 21/0225 for the demolition of existing structures and construction of a 2‑3 storey boarding house containing 56 rooms and a Manager's Residence, basement parking, landscaping, stormwater works and lot consolidation at Lot 11 and Lot 12 DP 29528 commonly known as 27-28 Park Avenue, Kingswood NSW 2747 subject to the conditions of consent in Annexure A. (3) The Applicant pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment of the application to rely on the plans and documents at [35], as well as the earlier order pursuant to section 8.15(3) made by the Court in these proceedings on 16 December 2022, in the agreed amount of $34,000.00. Catchwords: DEVELOPMENT APPEAL – boarding house – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 2.3, 4.3, 4.4, 5.10, 5.21, 7.1, 7.4, 7.6, 7.7, 7.30 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 29, 30 State Environmental Planning Policy (Housing) 2021, Sch 7A s 2 State Environmental Planning Policy (Infrastructure) 2007, cl 86 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.99 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: CK Design Pty Ltd v Penrith City Council (No 2) [2022] NSWLEC 97 Texts Cited: Contaminated Land Planning Guidelines Penrith Development Control Plan 2014 Category: Principal judgment Parties: CK Design Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) T To (Respondent)