Tarakjian v Penrith City Council [2024] NSWLEC 1718

Land and Environment Court New South Wales

Medium Neutral Citation: Tarakjian v Penrith City Council [2024] NSWLEC 1718 Hearing dates: Conciliation conference 2 September 2024, final submissions 29 October 2024 Date of orders: 07 November 2024 Decision date: 07 November 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is granted leave to file the Amended Development Application with the Court. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. (3) The Appeal is upheld. (4) Development Application No. DA23/1104, as amended, for the demolition of existing structures and construction of a two storey co-living housing development containing 23 x rooms (8 x single and 15 double rooms) and associated works, on land legally described as Lot 1 in DP784240 and known as 36 First Street, Kingswood NSW, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Environment Planning and Assessment Regulation 2021, s 38 Penrith Local Environmental Plan 2010, cll 4.1A, 4.3, 5.21. 7.1, 7.4, 7.6, 7.7, 7.30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Shant Tarakjian (Applicant) Penrith City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent)