Statewide Planning Pty Ltd v Penrith City Council [2023] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Penrith City Council [2023] NSWLEC 1262 Hearing dates: Conciliation conference on 23 May 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendments made as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development application no. DA21/0369 for Torrens title subdivision to create 134 x residential lots, public roads, a recreation area, and associated tree removal, drainage, landscape embellishment works and dedication of land at 731-755 Great Western Highway, Werrington is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation Regulation 2017 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 4.47, Pt 4 Div 4.8 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 2.1, 2.3, 2.6, 4.1, 5.10, 7.1, 7.4, 7.6, 7.7, 7.8, 7.30 Roads Act 1993, ss 87, 138 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.10, 6.65, 9.4, 9.5; Chs 2, 9 State Environmental Planning Policy (Infrastructure) 2007 (Repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, ss 2.119, 2.122; Sch 3 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (repealed) State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy No 55 – Remediation of Land (repealed) Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) (repealed) Water Management Act 2000, s 91 Texts Cited: NSW Department of Urban Affairs and Planning, Hawkesbury-Nepean: Action Plan of the Hawkesbury-Nepean Environmental Planning Strategy (1997) Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) T To (Respondent)