Hazouri Investments Pty Limited ATF Hazouri Property Trust v Penrith City Council [2016] NSWLEC 1257

Land and Environment Court New South Wales

Medium Neutral Citation: Hazouri Investments Pty Limited ATF Hazouri Property Trust v Penrith City Council [2016] NSWLEC 1257 Hearing dates: 16 June 2016 Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld – see [41] Catchwords: CONSENT ORDERS: Multi-dwelling housing; urban design; parking; waste management Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Penrith Local Environmental Plan 2010 Category: Principal judgment Parties: Hazouri Investments Pty Limited ATF Hazouri Property Trust (Applicant) Penrith City Council (Respondent) Representation: Counsel: Applicant: Ms A Hemmings Respondent: Mr S Nash

Solicitors: Applicant: Thomson Greer Respondent: Sparke Helmore Lawyers File Number(s): 165998 of 2016

Judgment 1. COMMISSIONER: The applicant appeals Penrith City Council's refusal of a development application for a multi-dwelling residential development at 119 Glengarry Drive, Glenmore Park (the site). The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act).

The site and locality 1. The site is a vacant allotment on the north-western corner of Glengarry Drive and Bradley Street, Glenmore Park. Bradley Street is one of the access points from the Northern Road into Glenmore Park. 2. The site is irregular in shape with an area of 4,482 m2 with a cross fall of about 10m from east to west. 3. The site is zoned R1 General Residential under Penrith Local Environmental Plan 2010 (PLEP). Nearby residential development off Glengarry Drive and adjoining streets is typically one and two storey detached dwellings or dual occupancies. On Bradley Street adjoining the site to the west, is an existing four storey residential flat building, which in turn adjoins three other residential flat buildings of a similar scale. 4. The allotment directly opposite the site at the corner of Glengarry Drive and Bradley Street is currently vacant. Directly opposite Bradley Street to the south is a large lot, the subject of a council-endorsed Concept Plan, upon which a range of residential accommodation, including one and two storey dwellings, multi-unit housing and residential flat buildings, is proposed.