Emerald Retail Pty Ltd v Penrith City Council [2023] NSWLEC 1741

Land and Environment Court New South Wales

Medium Neutral Citation: Emerald Retail Pty Ltd v Penrith City Council [2023] NSWLEC 1741 Hearing dates: 17-19 October 2023 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application DA 21/0937, which seeks site remediation, tree removal, construction of 11 townhouses with at grade parking, landscaping, associated civil works and strata subdivision into 12 lots on Lots 1, 2 and 3 Deposited Plan 1432, also known as 16, 18 and 20 Pages Road, St Marys, is refused. (3) The exhibits are returned, except for Exhibits 1, 12, A, B, C, D, E and J. Catchwords: DEVELOPMENT APPLICATION – construction of multi dwelling housing – strata subdivision – character assessment – assess urban heat island effect in Penrith – extensive tree removal Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.12, 4.15, 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.3, 2.6, 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, s 6 State Environmental Planning Policy (Precincts-Western Parkland City) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Penrith Local Environmental Plan 2010, cll 1.2, 2.3, 5.10, 7.30, Sch 5 Cases Cited: Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: Emerald Retail Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: T Poisel (Applicant) N Hammond (Respondent)