Attard v Penrith City Council [2023] NSWLEC 1494

Land and Environment Court New South Wales

Medium Neutral Citation: Attard v Penrith City Council [2023] NSWLEC 1494 Hearing dates: Conciliation conference 29 August 2023 Date of orders: 31 August 2023 Decision date: 31 August 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA22/0657, for the demolition of existing structures and the construction a multi dwelling housing development consisting of 14 x two-storey townhouses (13 x 3 bed and 1 x 4 bed) with 28 car parking spaces within garages and 3 open style visitor spaces, associated driveway, tree removal, and ancillary landscaping, fencing, and stormwater and drainage works on land legally described as Lot 131 and Lot 132 in DP710273 and known as 143 & 145 Stafford Street, Penrith, NSW, 2750, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.12, 7.13, 7.16 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environment Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 4.1A, 4.3, 5.21. 7.1, 7.4, 7.6, 7.7, 7.30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Mark Attard (Applicant) Penrith City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) A Avery (Solicitor) (Respondent)