Seaspray Corp Pty Ltd v Penrith City Council [2024] NSWLEC 1760

Land and Environment Court New South Wales

Medium Neutral Citation: Seaspray Corp Pty Ltd v Penrith City Council [2024] NSWLEC 1760 Hearing dates: Conciliation conference on 19 November 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development consent is granted to development application DA23/0149, as amended, for a co-living housing development with twenty-five (25) rooms including lot consolidation, demolition of existing structures and construction of a two storey co-living building with shared car parking facilities and communal living and open space areas at 31 and 33 Walter Street, Kingswood NSW 2747, subject to the conditions in the annexure marked "A". Catchwords: APPEAL – co-living housing – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 ss 27, 37, 38 Penrith Local Environmental Plan 2010, cll 5.21, 7.1, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Housing) 2021, Pt 3, Ch 3, ss 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.100 Cases Cited: McMillan v Taylor [2023] NSWCA 183 Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: Seaspray Corp Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Sarkis (Solicitor) (Applicant) A Guy (Solicitor) (Respondent)