Maryland Development Company v Penrith City Council [2019] NSWLEC 1598

Land and Environment Court New South Wales

Medium Neutral Citation: Maryland Development Company v Penrith City Council [2019] NSWLEC 1598 Hearing dates: Conciliation conference 15 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to amend its application and the plans filed with the Court on 7 November 2018, by plans and information provided to the Respondent on 11 July 2019 in accordance with the schedule of plans enclosed and annexed to the conditions at Annexure 'A'. (2) The appeal is upheld. (3) Development Application DA 18/0381 lodged on 18 April 2018 (Development Application), seeking development consent for the demolition of the existing haul road and intersection and construction of the Dunheved Links Road and Links Road Intersection and portion of the Dunheved Links Road located within the Penrith local government area, comprising Stage 3 of the East West Connector Road development over Lot 1 in DP 1132380, is approved subject to the conditions set out in Annexure 'A' attached hereto. Catchwords: DEVELOPMENT APPEAL – integrated development - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Regional Environmental Plan No 20 – Hawkesbury-Nepean River Sydney Regional Environment Plan No 30 Category: Principal judgment Parties: Maryland Development Company Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Drury (Solicitor) (Respondent)