North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017

Land and Environment Court New South Wales

Medium Neutral Citation: North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017 Hearing dates: 6, 7, 8 July and 2, 3, 4, 9 August 2011 Decision date: 30 January 2012 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development consent is granted to DA 11/0123 for the subdivision of property at 159 -169 Caddens Road Kingswood NSW into 71 residential lots and 1 residual lot, roads and detention basin subject to the conditions in annexure A. (3)The exhibits are returned. Catchwords: Development consent - appeal against conditions imposed on a development consent for the subdivision of vacant land into 71 residential allotments and 1 residual lot subject to conditions to provide facilities and services some funded by a condition under s 94 of the EPA Act 1979 (subject to a s 94E Ministerial Direction which caps monetary contributions at $30K) and some provided by way of condition under s 80A(1)(f) and 81A(3) of the EPA Act - are the conditions reasonable and if so do they relate to the development Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Penrith Development Control Plan 2006 Penrith Local Environmental Plan (Caddens) 2009 Sydney Regional Environmental Plan No 20 - Hawkesbury Nepean River Cultural Facilities Development Contribution Plan District Open Space Facilities Development Contributions Plan WELL Precinct Development Contribution Plan 2008 Cases Cited: Cavasinni Constructions Pty Ltd v Fairfield City Council [2010] NSWLEC 65; (2010) 173 LGERA 456 Fairfield City Council v N & S Olivieri Pty Limited [2003] NSWCA 41 Goldberg v Waverley Council [2007] 156 LGERA 27 Maitland City Council v Anambah Homes Pty Ltd (2005) 147 LGERA 234 Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWCA 17 Newbury District Council v Secretary of State for the Environment [1981] AC 578 at 697G Sydney City Council v Ipoh Pty Limited (2006) 149 LEGERA 329 Category: Principal judgment Parties: North Western Surveys Pty Limited (Applicant)