Maryland Development Company Pty Ltd v Penrith City Council [2024] NSWLEC 1417

Land and Environment Court New South Wales

Medium Neutral Citation: Maryland Development Company Pty Ltd v Penrith City Council [2024] NSWLEC 1417 Hearing dates: Conciliation conference on 21 June 2024 Date of orders: 23 July 2024 Decision date: 23 July 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is allowed to file the amended application, and the Applicant is to pay the Respondent's costs thrown away as a result of the amendment, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No 23/0551 is determined by grant of consent for bulk earthworks (including the excavation and reinstatement of fill) at Lot 6 in DP 1248480 (Wianamatta Parkway, Jordan Springs NSW 2474) subject to the conditions contained at Annexure B. Catchwords: APPEAL – bulk earthworks – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.10, 8.15, Pt 4, Div 4.8 Land and Environment Court Act 1979, s 34 Protection of the Environment Operations Act 1997, Sch 1, s 16 Environmental Planning and Assessment Regulation 2021, s 37, Sch 3, ss 21, 48 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.13 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Ch 6, Pt 6.3, ss 6.2, 6.5, 6.7, 6.20 State Environmental Planning Policy (Resilience and Hazard) 2021 (Resilience SEPP), Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Cases Cited: Gunning Sustainable Development Association Inc v Upper Lachlan Council and Another [2005] NSWLEC 23 Maule v Liporoni & Anor (2002) 122 LGERA 140; [2002] NSWLEC 25 McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Texts Cited: St Marys Central Precinct Plan, as amended 7 September 2018 Category: Principal judgment Parties: Maryland Development Company Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: L Cone (Solicitor) (Applicant) J Wauchope (Solicitor) (Respondent)