Llandilo Property Holdings Pty Ltd v Penrith City Council [2024] NSWLEC 1694

Land and Environment Court New South Wales

Medium Neutral Citation: Llandilo Property Holdings Pty Ltd v Penrith City Council [2024] NSWLEC 1694 Hearing dates: Conciliation Conference 1, 26 August, 9, 19 September 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Class 1 Before: Targett C Decision: Proceedings 2024/154668 The Court orders that: (1) The appeal is upheld. (2) The Development Control Order No 1 (stop use order) dated 9 April 2024 is substituted pursuant to section 8.18(4)(c) of the Environmental Planning and Assessment Act 1979 (NSW) in accordance with the Development Control Order at Annexure A. Proceedings 2024/154669 The Court orders that: (1) The appeal is upheld. (2) The Development Control Order No 3 (demolish works order) dated 9 April 2024 is substituted pursuant to section 8.18(4)(c) of the Environmental Planning and Assessment Act 1979 (NSW) in accordance with the Development Control Order at Annexure B. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5 Pt 1 Land and Environment Court Act 1979, ss 17, 34 Penrith Local Environmental Plan 2010 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category: Principal judgment Parties: Llandilo Property Holdings Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Pickup (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)