Das v Penrith City Council [2026] NSWLEC 1404
Before: Swan AC · NSW Land and Environment Court
Summary
This appeal was lodged by Jhumur Das (the Applicant) under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and relates to the deemed refusal by Penrith City Council (Council) of development application number DA25/0856 (DA). As amended, the DA seeks consent for demolition of existing structures and Torrens title subdivision of 1 lot (Lot 40 in DP1195683) into 19 lots, civil works, road construction and remediation at 332-338 Caddens Road, Claremont Meadows (the sit
Catchwords
DEVELOPMENT APPLICATION – demolition of existing structures – Nineteen lot Torrens title subdivision – acoustic barriers – vegetation management plan – conciliation conference – agreement between the parties – orders made
Outcome
The Court orders that: (1) In accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of the amendment in the agreed sum of $7,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application DA25/0856 for the proposed subdivision of 1 existing allotment into a Torrens Title subdivision of 19 residential lots, including the preservation of significant vegetation, demolition of existing structures, site remediation and civil works including road and pedestrian path construction at 332-338 Caddens Road, Claremont Meadows (Lot 40 in DP1195683) is determined by the grant of development consent subject to the conditions of consent at Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), Pt 7, s 7.3 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 Penrith Local Environmental Plan 2010, cll 2.3, 2.6, 2.7, 4.1, 4.1B, 5.21, 7.1, 7.6, 7.7, 7.15, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, s 4.19 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.99, 2.119, 2.120
Read the full judgment
Authoritative text on NSW Caselaw · ~28k words
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