NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Maryland Development Company Pty Ltd v Penrith City Council [2024] NSWLEC 1418 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 23/0375 is determined by grant of consent for staged urban development including earthworks, road and intersection delivery, subdivision to create 31 Torrens title residential lots and three residue lots, associated civil works, landscaping and "green links" at Lots 1, 2, 3 and 6 in Deposited Plan 1248480 (Wianamatta Parkway, Jordan Springs NSW 2474), subject to the conditions of consent in Annexure B. Catchwords: APPEAL – land subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, s 37, Sch 3, Pt 2, s 21, Pt 3, s 49 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, Pts 6.3, 6.5, 6.7, ss 6.2, 6.20 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Maryland Development Company Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: L Cone (Solicitor) (Applicant) J Wauchope (Solicitor) (Respondent)
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