Elias v Penrith City Council [2023] NSWLEC 1679

Land and Environment Court New South Wales

Medium Neutral Citation: Elias v Penrith City Council [2023] NSWLEC 1679 Hearing dates: Conciliation conference on 12 September and 11 October 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) Pursuant to s 39(2) of the Land and Environment Court Act 1979, the Court, exercising the function of Penrith City Council as consent authority under s 38(1) of the Environmental Planning and Assessment Regulation 2021, approves the application to amend development application no. DA23/0058 to rely on the amended plans and documents listed in Annexure A to these orders. (2) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $3,478.50 to be paid within 14 days of the date of these Orders. (3) The Appeal is upheld. (4) Development Application DA23/0058 seeking consent for a co-living housing development with 29 rooms across 2 separate buildings including lot consolidation, demolition of existing structures and construction of a two-storey co-living building with shared basement car parking facilities and communal living and open space areas at 1-3 Edna Street, Kingswood NSW 2747, is determined by the grant of Development Consent, subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – Co-living Housing – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 2.7, 4.3, 4.4, 5.10, 7.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 ch 3, part 3. State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Elie Elias (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Wauchope (Solicitor) (Respondent)