Agnihotri v Penrith City Council [2017] NSWLEC 1298

Land and Environment Court New South Wales

Medium Neutral Citation: Agnihotri v Penrith City Council [2017] NSWLEC 1298 Hearing dates: 1 June 2017 Date of orders: 08 June 2017 Decision date: 08 June 2017 Jurisdiction: Class 1 Before: Martin SC Decision: (1) Leave is granted to the Applicant to rely on amended plan drawing 2A dated 31 March 2017. (2) The appeal is dismissed. (3) DA 15/1250.01 for the retention of an existing dwelling and the construction of a three bedroom, two storey detached dual occupancy dwelling at 15 O'Connell Street, Kingswood, is determined by refusal. (4) The Exhibits are returned, other than Exhibit C. Catchwords: DEVELOPMENT APPEAL – residential development - dual occupancy - setback – building design Legislation Cited: Environmental Planning and Assessment Act 1979 ss 79C(1); 82A; 97B(1) and (2) Land and Environment Court Act 1979 s 34AA Land and Environment Court Rules 2007 r 7.7 Penrith Local Environmental Plan 2010 Penrith Development Control Plan 2014 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 (2001) 115 LGERA 373 at [75] Category: Principal judgment Parties: Satya Agnihotri (Applicant) Penrith City Council (Respondent) Representation: Mr Obradovik (Agent for Applicant) Mr Drury (Solicitor) (Respondent)

Solicitors: Self-represented (Applicant) Sparke Helmore (Respondent) File Number(s): 2017/35401 Publication restriction: No