NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Phoenix Corporation Pty Ltd v Penrith City Council [2011] NSWLEC 1178 Hearing dates: 11-13 April 2011 Decision date: 30 June 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application to construct a residential flat building at 1-9 Lamrock Street, Emu Plains, is refused. 3. The exhibits, except Exhibit 1, may be returned. Catchwords: APPEAL - Development application - residential flat building. Compatibility with existing area, internal amenity, flooding and evacuation Legislation Cited: Environmental Planning and Assessment Act, 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Goldin v Minister for Transport [2002] NSWLEC 75 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: APPLICANT Phoenix Corporation Pty Ltd
RESPONDENT Penrith City Council
INTERVENER Rail Corporation NSW Representation: Counsel APPLICANT Ms S Duggan, SC
RESPONDENT Mr I Hemmings, Barrister
INTERVENER Mr P Larkin, Barrister
Solicitors APPLICANT Conomos Legal
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