888 Holdings NSW Pty Ltd v Penrith City Council [2023] NSWLEC 1551

Land and Environment Court New South Wales

Medium Neutral Citation: 888 Holdings NSW Pty Ltd v Penrith City Council [2023] NSWLEC 1551 Hearing dates: Conciliation conference on 20 June 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Class 1 Before: Sheridan AC 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 $3,660. (2) The appeal is upheld. (3) Development consent is granted to Development application No. DA22/1168 for the demolition of existing structures, tree removal and construction of child care facility for 86 children with basement parking and associated works at 12 and 14 Manning Street, Kingswood, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 4.3, 4.4, 7.1, 7.4, 7.7, 7.30 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.26 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Category: Principal judgment Parties: 888 Holdings NSW Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Reid (Applicant) B Koytz (Solicitor) (Respondent)