Penrith Lakes Development Corporation Ltd v Penrith City Council [2015] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: Penrith Lakes Development Corporation Ltd v Penrith City Council [2015] NSWLEC 9 Hearing dates: 2 February 2015 Date of orders: 05 February 2015 Decision date: 05 February 2015 Jurisdiction: Class 1 Before: Craig J Decision: In each matter the Council's notice of motion dated 16 December 2014 is dismissed Catchwords: DEVELOPMENT APPLICATION – motion to determine permissibility as a separate question – rule 28.2 of the Uniform Civil Procedure Rules 2005 – contentious questions of fact necessary to determine the proposed question – inappropriate basis for separate and preliminary determination Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) State Environmental Planning Policy (Penrith Lakes Scheme) 1989 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103; 195 LGERA 182 Tepko Pty Ltd v Water Board [2001] HCA 19; 206 CLR 1 820 Cawdor Road Pty Ltd v Wollondilly Shire Council [2013] NSWLEC 8; 195 LGERA 170 Category: Procedural and other rulings Parties: Penrith Lakes Development Corporation Limited (Applicant) Penrith City Council (Respondent) Representation: Counsel: R P Lancaster SC (Applicant, Respondent on the Motion) J Hutton (Respondent, Applicant on the Motion)

Solicitors: King and Wood Mallesons (Applicant, Respondent on the Motion) Sparke Helmore Lawyers (Respondent, Applicant on the Motion) File Number(s): 10486 of 2014, 10487 of 2014 and 10488 of 2014