Penrith Lakes Development Corporation Ltd v Penrith City Council

Land and Environment Court New South Wales Medium Neutral Citation: Penrith Lakes Development Corporation Ltd v Penrith City Council [2015] NSWLEC 1329 Hearing dates:22, 23, 24, 25 June 2015Date of orders: 11 August 2015 Decision date: 11 August 2015 Jurisdiction:Class 1Before: Brown ASC Decision: 1. The appeal is dismissed.2. DA14/2097 for the subdivision of proposed Lot 4 to create 138 lots, the construction of roads and ancillary engineering works such as filling, retaining walls and drainage works at Castlereagh Road Penrith is refused.3. The exhibits are returned with the exception of exhibit 12. Catchwords: DEVELOPMENT APPLICATION: subdivision of proposed Lot 4 to create 138 lots, each with a minimum area of 2 hectares, the construction of roads and ancillary engineering works such as filling, retaining walls and drainage works as part of the Penrith Lakes Scheme – whether permissible - flood planning levels - inadequate water supply – contamination - impact on nearby heritage items - inadequate master planning – acoustic issues Legislation Cited: Environmental Planning and Assessment Act 1979 Interim Development Order No 93 State Environmental Planning Policy (Penrith Lakes Scheme) 1989 Cases Cited: Seraphina Bell Pty Ltd v Willoughby Municipal Council (No 2) (1967) 14 LGRA 209 Category:Principal judgmentParties: Penrith Lakes Development Corporation Ltd (Applicant) Penrith City Council (Respondent) Representation: Mr R Lancaster SC with Mr M Staunton Mr D Miller SC with Mr J Hutton Solicitors: King & Wood Mallesons (Applicant) Sparke Helmore (Respondent) File Number(s):10486 of 2014Publication restriction:NoJudgment COMMISSIONER: This is an appeal pursuant to s...