JS Development NSW Pty Ltd v Penrith City Council [2019] NSWLEC 1525

Land and Environment Court New South Wales

Medium Neutral Citation: JS Development NSW Pty Ltd v Penrith City Council [2019] NSWLEC 1525 Hearing dates: Conciliation conference on 22 August 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans and documents listed in condition 1 of Annexure "A" hereto. (2) The Applicant is to pay the Respondent's costs in the sum of $5,000 within 14 days. (3) The appeal is upheld. (4) Modification Application DA16/0255.03 for the modification of development consent 155751/2016, which applies to land at 42-44 Lethbridge Street, Penrith, is approved subject to the conditions contained in Annexure "A" hereto. Catchwords: MODIFICATION APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Penrith Local Environmental Plan 2010 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: J S Development NSW Pty Ltd v Penrith City Council [2017] NSWLEC 1160 Texts Cited: Apartment Design Guide Penrith Development Control Plan 2014 Category: Principal judgment Parties: JS Development NSW Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Morton (Solicitor) (Respondent)