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Class 1 — Merit appeal Penrith City Council (No 2) 02 June 2026

Sienna Waters Pty Ltd v Penrith City Council (No 2) [2026] NSWLEC 1321

Before: Washington C · NSW Land and Environment Court

Traffic / ParkingTrees / LandscapingSubdivision

Summary

The Court orders: The appeal is upheld. Development application DA24/1021 for the Torrens title subdivision of one lot into two, construction of a driveway and installation of a wastewater system, tree removal and ancillary works at 439 Fairlight Road, Mulgoa, Lot 2 in DP1250976 is determined by the grant of consent subject to the conditions at Annexure A. Exhibits A, B, C, and D are to be retained.

Catchwords

DEVELOPMENT APPLICATION — application for subdivision and associated works — impact on scenic and landscape qualities of Mulgoa Valley — consideration of building envelopes — appeal upheld

Outcome

The Court orders: (1) The appeal is upheld. (2) Development application DA24/1021 for the Torrens title subdivision of one lot into two, construction of a driveway and installation of a wastewater system, tree removal and ancillary works at 439 Fairlight Road, Mulgoa, Lot 2 in DP1250976 is determined by the grant of consent subject to the conditions at Annexure A. (3) Exhibits A, B, C, and D are to be retained. All other exhibits are to be returned.

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Authoritative text on NSW Caselaw · ~2k words

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