Fobupu v Penrith City Council [2023] NSWLEC 1390

Land and Environment Court New South Wales

Medium Neutral Citation: Fobupu v Penrith City Council [2023] NSWLEC 1390 Hearing dates: Conciliation conference on 7 February 2023 and 12 May 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) The variation to the height development standard in the Penrith Local Environmental Plan 2010 pursuant to clause 4.6 is satisfactory. (3) Development Application for demolition of existing structures, removal of 2 trees and construction of a new six-storey residential flat building containing 36 apartments, 2 levels of basement parking with 53 car spaces, rooftop open space, civil works and landscaping at 10-14 Lethbridge Street Penrith NSW 2750 is approved subject to the conditions in Annexure B. (4) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 50 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2011, cll 4.3, 4.6, 7.1 State Environmental Planning Policy 65—Design Quality of Residential Apartment Development 2002 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Fobupu Pty Ltd(Applicant) Penrith City Council (Respondent) Representation: Counsel: S Simington (Solicitor) (Applicant) J Wauchope (Solicitor) (Respondent)