Statewide Planning Pty Ltd v Penrith City Council [2017] NSWLEC 1133

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Penrith City Council [2017] NSWLEC 1133 Hearing dates: 25, 26, July and 19 December 2016 Decision date: 03 March 2017 Jurisdiction: Class 1 Before: Brown C, Dickson C Decision: 1. The parties are to provide a set of agreed conditions that reflect the findings within 3 weeks from the date of these findings.

2. Liberty to apply is granted on 48 hours' notice if there is any disagreement on formulating the agreed conditions. Catchwords: DEVELOPMENT: residential subdivision – suitability of site - design – stormwater management – compliance with precinct master plan – impact on future development of adjoining lots – conditions of consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Penrith Local Environmental Plan 2010 Roads Act 1993 State Environmental Planning Policy 55 - Remediation of Land Sydney Regional Environmental Plan 20- Hawkesbury Nepean River (No 2-1997) Cases Cited: Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Kindimindi Investments Pty Ltd v Lane Cove Council [2006] 143 LGERA 277 Texts Cited: NSW Environmental Protection Authority Noise Control Guidelines Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: Mr P Tomasetti SC with Mr J Doyle (Applicant) Mr. N Eastman, barrister (Respondent)