Penrith Lakes Development Corporation Ltd v Penrith City Council [2015] NSWLEC 1329

Penrith Lakes Development Corporation Ltd v Penrith City Council [2015] NSWLEC 1329

The application fails because the proposed subdivision does not fully implement or ensure the satisfactory implementation of the Penrith Lakes Scheme as required by SEPP (Penrith Lakes Scheme) 1989 cl 8; the subdivision is not mere 'identification' of land for urban purposes nor does it constitute permissible...

Source-derived case information.

Parties
Applicant: Penrith Lakes Development Corporation Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Appeal (class 1, Land and Environment Court) / Judgment and Final Orders
Outcome
Appeal dismissed; development application refused
Legal Topics
Subdivision Applications, Development Approval, Urban Planning, Environmental Planning Instruments, Permissibility of Development, Master Planning, Flood Risk, Contamination, Impact on Heritage, Public Interest
Planning Law Environmental Law Land Use and Development Subdivision Applications Development Approval Urban Planning Environmental Planning Instruments Permissibility of Development +5 more

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Parties

Penrith Lakes Development Corporation Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Appeal (class 1, Land and Environment Court) / Judgment and Final Orders

Legal Issues

  1. 1 Whether the proposed subdivision and associated works are permissible under SEPP (Penrith Lakes Scheme) 1989
  2. 2 Whether the proposed development fully implements or ensures satisfactory implementation of the Penrith Lakes Scheme as required by cl 8 of SEPP 1989
  3. 3 Whether the proposed subdivision is 'interim development' under cl 9 of SEPP 1989

Ratio Decidendi

The application fails because the proposed subdivision does not fully implement or ensure the satisfactory implementation of the Penrith Lakes Scheme as required by SEPP (Penrith Lakes Scheme) 1989 cl 8; the subdivision is not mere 'identification' of land for urban purposes nor does it constitute permissible interim development under cl 9, and approval would pre-empt proper master planning, potentially fettering the efficient and public-interest-driven future urban development of the site.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • 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.