Prosperity Group 888 Pty Ltd v Penrith City Council [2023] NSWLEC 1421

Land and Environment Court New South Wales

Medium Neutral Citation: Prosperity Group 888 Pty Ltd v Penrith City Council [2023] NSWLEC 1421 Hearing dates: Conciliation conference on 17 May 2023; 7 & 19 July 2023 Date of orders: 02 August 2023 Decision date: 02 August 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent that have been thrown away as a result of the amendment of the development application, in the sum of $5,000 within 28 days. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA22/1021 for the demolition of existing structures and construction of a two-storey co-living housing development and associated works at 12-14 Edna Street, Kingswood, subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 2.3, 2.7, 4.3, 7.1, 7.4, 7.6, 7.7, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69, 70; Pt 3, Ch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: Prosperity Group 888 Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Reid (Applicant) A Avery (Solicitor) (Respondent)