NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1611 Hearing dates: 24,25 October 2017, conditions 27 October 2017 Date of orders: 01 November 2017 Decision date: 01 November 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application No. 16/0789 for subdivision and construction of three residential flat buildings with associated basement car parking, drainage and landscaping works at 16 Chapman Street Werrington is approved subject to the conditions in Annexure A. 3. The exhibits are retained with exception of exhibits A and C. 4. The applicant agrees to pay the council's costs thrown away as a result of the amendments to the original application. Catchwords: DEVELOPMENT APPLICATION: construction of three residential flat buildings; amended plans address contentions raised by council; no delegation to enter into agreement or consent orders; resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Penrith Local Environmental Plan 2010 State Environmental Planning Policy No. 65 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Mr S Nash, barrister (Respondent)
Solicitors: Swaab Attorneys (Applicant) Sparke Helmore.(Respondent) File Number(s): 2017/63151 Publication restriction: No
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