SPNA Holdings Pty Ltd v Penrith City Council [2023] NSWLEC 1787

Land and Environment Court New South Wales

Medium Neutral Citation: SPNA Holdings Pty Ltd v Penrith City Council [2023] NSWLEC 1787 Hearing dates: Conciliation conference on 5 and 6 December 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA/22/1188 for the demolition of existing structures, tree removal and construction of a child care facility for 98 children with basement parking and associated works at Lots 20 and 21 DP 206813, 36 and 38 Leonard Street, Colyton NSW 2760 is determined by the granting of development consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – child care centre – conciliation conference – amended development application and documents – agreement between the parties – orders made Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 Penrith Local Environmental Plan 2010, cll 2.3, 2.7, 4.3, 4.4, 7.1, 7.4, 7.7, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Div 2, Pt 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.26 Cases Cited: Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010)177LGERA312; [2010] NSWLEC 223 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guidelines 2021 Penrith Development Control Plan 2014 Respondent's Community Engagement Strategy 2019 Category: Principal judgment Parties: SPNA Holdings Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) N Hammond (Respondent)