Detissera v Penrith City Council [2024] NSWLEC 1334

Land and Environment Court New South Wales

Medium Neutral Citation: Detissera v Penrith City Council [2024] NSWLEC 1334 Hearing dates: Conciliation Conference 8 April, 20 and 27 May 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $1,000.00 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application D20/0726 is determined by grant of consent for the demolition of all existing structures on site and the erection of four (4) townhouses, landscaping, and associated site works at 312 Great Western Hwy, St Marys, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPEAL – affordable rental housing - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulations 2021, s 38 Penrith Local Environmental Plan 2010, cll 4.1, 4.3, 5.10, 7.1, 7.30, Sch 5 State Environmental Planning Policy - (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 14, 15, 16A, 17 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.118, 2.119, 2.120 Texts Cited: Department of Infrastructure, Planning and Natural Resource, Seniors Living Policy: Urban Design Guidelines for Infill Development, March 2004 Department of Planning, Industry and Environment, Low Rise Housing Diversity Design Guide, July 2020 Category: Principal judgment Parties: Chaminda Bombawala Detissera (Applicant) Penrith City Council (Respondent) Representation: Counsel: S Patterson (Solicitor)(Applicant) A Avery (Solicitor)(Respondent)