Tricon Property Pty Ltd v Penrith City Council [2026] NSWLEC 1340
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Tricon Property Pty Ltd (the Applicant), against the refusal of Development Application DA24/0185 (the DA) by Penrith City Council (the Respondent). At the date of its lodgment on 14 March 2024, the DA sought consent for demolition of existing structure, excavation of a three-level basement and construction of two stages, with a first stage comprising a three-level commercial ten
Catchwords
DEVELOPMENT APPLICATION — mixed use development — agreement between the parties — orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA24/0185 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to 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 amending the Development Application, as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA24/0185 (as amended) for demolition of existing structures and construction of a 15-storey mixed use development comprising four levels of basement parking, three levels of commercial floor space and 12 levels of residential apartments comprising 79 residential units at 9-25 Queen Street St Marys, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 37, 38 Penrith Local Environmental Plan 2010, cll 2.1, 2.3, 2.7, 5.10, 7.1, 10.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.99, 2.100
Read the full judgment
Authoritative text on NSW Caselaw · ~16k words
Related decisions
Kape Development Pty Ltd v Penrith City Council [2026] NSWLEC 1210
Penrith City Council · 24 April 2026
Karnauchow v Penrith City Council [2026] NSWLEC 1289
Penrith City Council · 21 May 2026
Sienna Waters Pty Ltd v Penrith City Council [2026] NSWLEC 1270
Penrith City Council · 19 May 2026
McCarthy v Penrith City Council [2026] NSWLEC 1360
Penrith City Council · 17 June 2026
K. Gorgees Holdings Pty Ltd v Penrith City Council [2026] NSWLEC 1275
Penrith City Council · 15 May 2026
Liddell v Hawkesbury City Council [2026] NSWLEC 1314
Hawkesbury City Council · 29 May 2026