O'Connell Street Caddens Pty Ltd ATF O'Connell Street Caddens Unit Trust v Penrith City Council [2024] NSWLEC 1618

Land and Environment Court New South Wales

Medium Neutral Citation: O'Connell Street Caddens Pty Ltd ATF O'Connell Street Caddens Unit Trust v Penrith City Council [2024] NSWLEC 1618 Hearing dates: Conciliation conference 25, 26 June, 29 July 2024 Date of orders: 03 October 2024 Decision date: 03 October 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Respondent's costs thrown away as a result of reliance on the documents at [7] as agreed or assessed. (2) The appeal is upheld. (3) Development application DA23/0798 for the construction of fifteen attached dwellings and two semi attached dwellings including associated site works and community title subdivision at 29 O'Connell Street, Caddens NSW (Lot 6 DP 593628) is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential dwellings – conciliation conference – amended plans and documentation – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, ss 27, 38 Penrith Local Environmental Plan 2010, cll 2.3, 4.1, 4.1A, 4.1AA, 4.1B, 4.3, 6.2, 7.1, 7.3, 7.7 State Environmental Planning Policy (Resilience and Hazards), s 4.6 Cases Cited: O'Connell Street Caddens Pty Ltd ATF O'Connell Street Caddens Unit Trust v Penrith City Council [2022] NSWLEC 1330 Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: O'Connell Street Caddens Pty Ltd ATF O'Connell Street Caddens Unit Trust (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Sonter (Solicitor)(Applicant) D Le Breton (Solicitor)(Respondent)