Evacorp Pty Ltd v Penrith City Council [2019] NSWLEC 1540

Land and Environment Court New South Wales

Medium Neutral Citation: Evacorp Pty Ltd v Penrith City Council [2019] NSWLEC 1540 Hearing dates: Conciliation conference on 16 August 2019 Date of orders: 06 November 2019 Decision date: 06 November 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans and document listed in condition 1 of Annexure "A" hereto. (2) Pursuant to section 8.15(3) of the EP&A Act, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in a sum as agreed or assessed. (3) The appeal is upheld. (4) Development Application DA17/0893 for the demolition of existing structures, the removal of 6 trees and the construction of 5 x 2-storey townhouses and 1 2-storey villa, with at grade parking for 7 cars, and landscaping, fencing, storm water and drainage works on land at 17 Stafford Street, Kingswood NSW 2747, is approved subject to the conditions contained in Annexure "A" hereto. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing (townhouses) – amended plans- conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Penrith Local Environmental Plan 2010 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development (2004) Category: Principal judgment Parties: Evacorp Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: E Rowles (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)