Penrith Lakes Development Corporation Ltd v Independent Planning Commission [2019] NSWLEC 1002

Land and Environment Court New South Wales

Medium Neutral Citation: Penrith Lakes Development Corporation Ltd v Independent Planning Commission [2019] NSWLEC 1002 Hearing dates: Conciliation conference on 21 December 2018 Date of orders: 08 January 2019 Decision date: 08 January 2019 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [17] below Catchwords: DEVELOPMENT APPLICATION: modification application; additional fill material, conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Category: Principal judgment Parties: Penrith Lakes Development Corporation Ltd (Applicant) Independent Planning Commission (Respondent) Representation: Counsel: Dr J Smith (Applicant)

Solicitors: Minter Ellison (Applicant) D Holm, Department of Planning & Environment (Respondent) File Number(s): 2018/310891; 2018/310892 & 2018/310893 Publication restriction: No

Judgment 1. COMMISSIONER: This judgment is concerned with three distinct, although related, appeals lodged under s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act). The appeals are based on deemed refusals and fall within Class 1 of the Land and Environment Court's jurisdiction. The appeals each relate to applications to modify a consent under s 4.55(2) of the EPA Act.