Statewide Planning Pty Ltd v Penrith City Council [2024] NSWLEC 1080

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Penrith City Council [2024] NSWLEC 1080 Hearing dates: Conciliation conference on 27 February 2024 Date of orders: 27 February 2024 Decision date: 27 February 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendments made as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application DA22/0801 for Torrens title subdivision of 11 lots, consisting of 10 residential allotments and one substation allotment, associated earthworks, drainage and retaining walls at 27 Abacus Parade, Werrington, is determined by the grant of consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.4, 7.7; Pts 6, 7 Biodiversity Conservation Regulation 2017, cl 7.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.47, 8.15(3); Pt 4, Div 4 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 39 Penrith Local Environmental Plan 2010, cll 2.1, 2.3, 2.6, 4.1, 5.10, 5.21, 7.1, 7.3, 7.6, 7.7, 7.8, 7.30 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.65, 9.4, 9.5; Chs 6-12 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.99, 2.100, 2.118, 2.119, 2.121, 2.122; Ch 2; Schs 2, 3 State Environmental Planning Policy Amendment (Water Catchments) 2022 Water Management Act 2000, s 91 Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) T To (Respondent)