Ingham Planning Pty Limited v Penrith City Council [2006] NSWLEC 666

Land and Environment Court of New South Wales

CITATION : Ingham Planning Pty Limited v Penrith City Council [2006] NSWLEC 666

APPLICANT Ingham Planning Pty Limited PARTIES : RESPONDENT Penrith City Council

FILE NUMBER(S) : 11526 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- subdivision - whether the proposed subdivision layout satisfies semi-rural gateway objectives

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Penrith Local Environmental Plan 1998

DATES OF HEARING: 9/10/2006

DATE OF JUDGMENT: 10/10/2006

APPLICANT Mr N Hemmings QC SOLICITORS Allens Arthur Robinson LEGAL REPRESENTATIVES: RESPONDENT Mr J Ayling SC SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

10 October 2006

11526 of 2005 Ingham Planning Pty Limited v Penrith City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Penrith City Council (the council) of Development Application No. 02/1186 for the subdivision of land at 2075 - 2113 The Northern Road and 1 - 29 Bradley Street, Glenmore Park (the site). The site and surrounding area 2 The site is Lots 3-6 in DP 26658, Lot 3 in DP 1067073, Lot 101 in DP 597243, Lot 103 in DP 1050042, Lot 1 in DP 551558 and Lots 1 and 2 in DP 1067082. The site has an area of 24.1 ha and consists of a generally rectangular shape with a frontage of approximately 730 m to The Northern Road.