Station Lane Pty Ltd v Penrith City Council [2024] NSWLEC 1797

Land and Environment Court New South Wales

Medium Neutral Citation: Station Lane Pty Ltd v Penrith City Council [2024] NSWLEC 1797 Hearing dates: 9 - 11 September 2024 Date of orders: 11 December 2024 Decision date: 11 December 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Consent is granted to development application DA20/0459 for demolition of existing structures and construction of a 3 storey boarding house with 19 boarding rooms and 1 manager's room, ground floor enclosed parking for 7 cars, tree removal, landscaping and associated site works at 1 Station Lane, Penrith, subject to the conditions at Annexure A. (3) The exhibits are returned with the exception of Exhibits A-C, E, G and 1, which are retained. Catchwords: DEVELOPMENT APPLICATION – boarding house –waste and recycling management – implications of private contractor waste collection – food organic and green organic waste – reasonable requirements for reporting waste separation and processing – whether rent controls should apply – neighbour objections Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Local Government Act 1993, s 496 Protection of the Environment Operations Act 1997 Penrith Local Environmental Plan 2010, cll 5.21, 7.4, 7.7, 7.30 Protection of the Environment Operations (Waste) Regulation 2014 State Environmental Planning Policy (Affordable Rental Housing) 2009, Pt 2, Divs 1, 2, cll 6, 17 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Micro Nest No 1 Pty Ltd on behalf of Micro Nest Ashfield Trust v Inner West Council [2019] NSWLEC 1320 Pomering v Hawkesbury City Council [2018] NSWLEC 1146 Texts Cited: Department of Planning, Industry and Environment, NSW Waste and Sustainable Materials Strategy 2041, June 2021 Penrith Development Control Plan 2014 Category: Principal judgment Parties: Station Lane Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Reid (Applicant) R White (Respondent)