Force G Pty Ltd v Penrith City Council

Land and Environment Court New South Wales Medium Neutral Citation: Force G Pty Ltd & Anor v Penrith City Council [2015] NSWLEC 1092 Hearing dates:19-20 March 2015Decision date: 10 April 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: two dwellings; whether contrary to original development consent and restriction to user that apply to the land; consistency with development control plan and zone objectives, overshadowing; parking; privacy; urban design; site suitability; public interest Legislation Cited: Penrith Local Environmental Plan 1998 (Lakes Environs); Penrith Local Environmental Plan 2010; State Environmental Planning Policy – Affordable Rental Housing Cases Cited: Parsonage v Ku-ring-gai [2004] NSWLEC 347; McDonald v Randwick City Council [2012] NSWLEC 1175; Moss v Kiama Municipal Council [2003] NSWLEC 165; The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Texts Cited: Penrith Development Control Plan 1998 (Lakes Environs); Penrith Development Control Plan 2006 Category:Principal judgmentParties: Force G Pty Limited (1st Applicant) Better Built Homes (2nd Applicant) Penrith City Council (Respondent) Representation: Ms Sandra Olsson (Litigant in Person) Solicitors: Ms J Wauchope, Gadens File Number(s):10007 of 2015Judgment Ms Olsson is the Sole Director of Force G Pty Ltd (1st applicant) and owner of land at 47 Lakeview Drive, Cranebrook. She contracted Better Built Homes (2nd applicant) to build a 2 storey dwelling with detached garage and secondary dwelling above on that land. Better Built Homes lodged Development Application 14/2012 on August 13, 2014 with Penrith City Council seeking consent to construct the development. As the council had not determined the...