K. Gorgees Holdings Pty Ltd v Penrith City Council [2026] NSWLEC 1275
Before: Targett C · NSW Land and Environment Court
Summary
this appeal (Mod22/0088), seeks to amend the Original Consent by relocating the approved Stage 2 Function Centre building, increasing on-site parking and associated soft and hard landscaping, and increasing hours of operation (Modification Application). Proceedings 2025/107079 (DCO Proceedings) – an appeal pursuant to s 8.18 of the EPA Act against the Development Control Order issued by Council under s 9.34 and item 11 of Pt 1 of Sch 5 of the EPA Act to K Gorgees Holdings Pty Ltd (K Gorgees Hold
Catchwords
APPEAL – Modification Application – whether development substantially the same – Development Control Order – utility – orders
Outcome
Proceedings No 2024/384821 The Court orders that: (1) The appeal is dismissed. (2) Modification Application No Mod22/0088, as amended, is refused. (3) The exhibits are returned except for Ex A, D, P and 3. Proceedings No 2025/107079 The Court orders that: (1) The appeal is upheld. (2) The Development Control Order issued by the respondent to the first applicant on 27 February 2025 is revoked pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 (NSW). (3) The exhibits are returned except for Ex A, D, P and 3.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9, 8.10, 8.11, 8.14, 8.18, 9.34, 11 of Pt 1 of Sch 5 Land and Environment Court Act 1979 (NSW), ss 17, 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.12 State Environmental Planning Policy (Exempt and Complying Codes) 2021 Penrith Local Environmental Plan 2010, 5.10
Read the full judgment
Authoritative text on NSW Caselaw · ~80k words
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