Statewide Planning Pty Ltd v Penrith City Council (No.2) [2017] NSWLEC 1440

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Penrith City Council (No.2) [2017] NSWLEC 1440 Hearing dates: 25, 26, July and 19 December 2016, directions for amended plans and conditions 2 March 2017, amended plans and conditions filed 12 July 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Jurisdiction: Class 1 Before: Brown C and Dickson C Decision: 1. The appeal is upheld; 2. Consent is granted to Development Application DA/15/0207 for the development of Lot 1 DP740520, Lot 1 DP 221780 and Lot 12 DP218050, known as 25 Rance Road, Werrington for subdivision of the land to create 83 residential lots, one residue lot, including remediation works, subdivision works, construction of new roads, a roundabout, stormwater drainage works, detention basin and landscaping subject to the conditions attached at Annexure A. 3. The exhibits are returned with the exception of Exhibit 1, and the applicant's Class 1 Application filed 21 September 2015. Catchwords: DEVELOPMENT: residential subdivision – suitability of site - design – stormwater management – compliance with precinct master plan – impact on future development of adjoining lots – directions for filing amended plans and conditions of consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Statewide Planning Pty Ltd v Penrith City Council [2017] NSWLEC 1133 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)