Principal Healthcare Finance Pty Limited v Penrith City Council [2023] NSWLEC 1462

Land and Environment Court New South Wales

Medium Neutral Citation: Principal Healthcare Finance Pty Limited v Penrith City Council [2023] NSWLEC 1462 Hearing dates: Conciliation conference on 12 July 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 21/0607 for the demolition of a dwelling, tree removal and construction of a two-storey residential aged care facility, comprising 149 beds and associated facilities/services, drainage and landscaping works, at 94-100 Explorers Way, St Clair NSW 2759, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential aged care facility – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, s 7.7 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 55AA, 121 Environmental Planning and Assessment Regulation 2021, Sch 6 s 3 Land and Environment Court Act 1979, s 34, 39 Penrith Local Environmental Plan 2010, cll 4.3, 4.6, 5.21, 7.1, 7.4, 7.30 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.60, 2.118, 2.119 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Principal Healthcare Finance Pty Limited (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) A Avery (Solicitor) (Respondent)