Lilnance Holdings Pty Ltd v Penrith City Council [2025] NSWLEC 1097

Land and Environment Court New South Wales

Medium Neutral Citation: Lilnance Holdings Pty Ltd v Penrith City Council [2025] NSWLEC 1097 Hearing dates: 10 February 2025 Date of orders: 21 February 2025 Decision date: 21 February 2025 Jurisdiction: Class 1 Before: Gray 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 those costs of the Respondent that have been thrown away as a result of the Amended Development Application in the amount of $15,000 within 21 days of these orders being made. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA23/0697, as amended, for amalgamation of two separate land parcels, demolition of existing structures and removal of trees, and construction of a two storey centre-based child care facility for 120 children and associated works, at the property comprised in folio identified 1155/259309 and 1156/259309 and known as 196-198 Bennett Road, St Clair NSW 2759, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – centre-based child care facility – 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 7.1, 7.4, 7.7, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.25, 3.26, 3.27 Cases Cited: McMillan v Taylor [2023] NSWCA 183 Category: Principal judgment Parties: Lilnance Holdings Pty Ltd ACN 663 462 360 (First Applicant) Lilnance Projects Pty Ltd (Second Applicant) Penrith City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) J Wauchope (Solicitor) (Respondent)