Penmore Properties No. 2 Pty Limited v Penrith City Council [2019] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: Penmore Properties No. 2 Pty Limited v Penrith City Council [2019] NSWLEC 1265 Hearing dates: 11 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend the development application to rely upon the amended plans referred to in condition 1 of the conditions of consent annexed hereto at Annexure 'A'. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amended plans in the sum of $15,000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) By consent, the appeal is upheld. (4) Modification application No. 16/0589.03 to modify development consent No. 16/0589, is approved subject to the conditions of consent annexed hereto at Annexure 'A'. (5) The exhibits are returned, except Exhibits A, B, C, 2 and 3. Catchwords: MODIFICATION APPLICATION – consent orders –residential flat building – waste collection – amended plans – resident objector Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Penrith Local Environment Plan 2010 Texts Cited: Penrith Development Control Plan 2014 Category: Principal judgment Parties: Penmore Properties No. 2 Pty Limited (Applicant) Penrith City Council (Respondent) Representation: Solicitors: K Huxley, McCabe Lawyers (Applicant) C Drury, Sparke Helmore Lawyers (Respondent) File Number(s): 2018/144360 Publication restriction: No