Davies v Penrith City Council [2013] NSWLEC 1141

Land and Environment Court New South Wales

Medium Neutral Citation: Davies v Penrith City Council [2013] NSWLEC 1141 Hearing dates: 24 June 2013 Decision date: 31 July 2013 Jurisdiction: Class 1 Before: Moore SC Decision: Directions given for the electronic filing of conditions to permit a significantly reduced development and one confined to being behind the building line being granted development consent. Catchwords: AGENTS: Requirements of s 63 of the Land and Environment Court Act 1979 and rule 7.7 of the Land and Environment Court Rules 2007; conduct of agent (Mr R Creighton) in these proceedings

PLANNING PRINCIPLES: Revision of the planning principle in Pafburn v North Sydney Council [2005] NSWLEC 444; revised planning principle for assessing impacts on neighbouring properties

DEVELOPMENT APPLICATION: Compliance with objectives of Local Environmental Plan; role of prohibition in Development Control Plan; streetscape; consistency with neighbouring development Legislation Cited: Land and Environment Court Rules 2007 Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Courts and Other Legislation Amendment Act 2012 Civil Procedure Act 2005 Land and Environment Court Rules (Amendment No 1) 2013 Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Penrith Local Environmental Plan 1998 (Urban Land) Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 Pafburn v North Sydney Council [2005] NSWLEC 444 Grant v Kiama Municipal Council [2006] NSWLEC 70 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: G Davies (Applicant)