Designcorp Architects Pty Ltd v Penrith City Council [2020] NSWLEC 1183

Land and Environment Court New South Wales

Medium Neutral Citation: Designcorp Architects Pty Ltd v Penrith City Council [2020] NSWLEC 1183 Hearing dates: Conciliation conference on 2 April 2020 Date of orders: 21 April 2020 Decision date: 21 April 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is given leave to amend the development application and rely upon the plans in the proceedings referred to in condition 1 in Annexure "A". (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application, in the sum of $9,000 payable within 14 days of the making of this Agreement. (3) The appeal in respect of the property known as No. 32-36 Hope Street, Penrith is upheld. (4) Development application DA2017/1341 seeking consent for the demolition of existing structures and construction of a six (6) storey residential flat building containing 41 apartments is approved subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – 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 No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Designcorp Architects Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) C Drury (Solicitor) (Respondent)