Pennine Developments Pty Ltd v Cumberland Council [2019] NSWLEC 1031

Land and Environment Court New South Wales

Medium Neutral Citation: Pennine Developments Pty Ltd v Cumberland Council [2019] NSWLEC 1031 Hearing dates: 17-18 January 2019 Date of orders: 05 February 2019 Decision date: 05 February 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that:

(1) The appeal is dismissed;

(2) Development application No. 2018/16 for demolition of existing dwellings and ancillary structures on site; lot consolidation; and construction of a multi dwelling residential development of ten units over basement parking at 70-72 Pendle Way, Pendle Hill is refused.

(3) The exhibits are returned with the exception of Exhibits 3, B and D Catchwords: DEVELOPMENT APPLICATION: Multi Dwelling Housing – Affordable rental housing – compatibility of the development with the locality – appropriateness of two storey development at the rear of the site – streetscape presentation of the development – application warrants refusal. Legislation Cited: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Holroyd Development Control Plan 2013 Seniors Living Policy: Urban Design Guidelines for Infill Development, Department of Infrastructure, Planning and Natural Resources, March 2004 Category: Principal judgment Parties: Pennine Developments Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Solicitors: S Kondilios, Hall and Willcox (Applicant) A Seton, Marsdens Law Group (Respondent) File Number(s): 2018/0076072 Publication restriction: No