Galea v Penrith City Council; Galea Group Pty Ltd v Penrith City Council [2024] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: Galea v Penrith City Council; Galea Group Pty Ltd v Penrith City Council [2024] NSWLEC 1064 Hearing dates: Conciliation conference on 5 February 2024 Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: In the matter of 2022/326112: (1) The appeal is upheld. (2) The development control order issued by the Respondent to the Applicants dated 5 October 2022 is substituted with the Order set out in Annexure A, pursuant to s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979. In the matter of 2022/344776: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No DA22/0826 for the use of the shed, including the mezzanine level and the concrete hardstand area, the use and reworking of recently placed fill material, and carrying out of stormwater drainage works and landscaping, at 430 The Driftway Londonderry, being Lot 2 in DP 1156996, is determined by the grant of consent, subject to the conditions of consent at Annexure B. Catchwords: DEVELOPMENT CONTROL ORDER AND DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.18, 9.34, Sch 5 Pt 1 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Category: Principal judgment Parties: Mark Galea (First Applicant in proceedings 2022/326112) Corinne Galea (Second Applicant in proceedings 2022/326112) Galea Group Pty Ltd (Applicant in proceedings 2022/344776) Penrith City Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicants in all proceedings) C Campbell (Solicitor) (Respondent)