Kennards Self Storage Pty Limited v Campbelltown City Council [2021] NSWLEC 31

Land and Environment Court New South Wales

Medium Neutral Citation: Kennards Self Storage Pty Limited v Campbelltown City Council [2021] NSWLEC 31 Hearing dates: 29-31 March 2021 Date of orders: 14 April 2021 Decision date: 14 April 2021 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The appeal is upheld. (2) Development application No.1292/2018/DA-C (as last amended on 31 March 2021) for the construction of three, two storey buildings containing self-storage units and an office; two vehicular crossings across a main road reserve; internal driveway and associated carparking; business identification signage; removal of vegetation; biodiversity management, revegetation, regeneration and compensation measures through retirement of 2 biodiversity credits PCT 850; and earthworks on Lot 1211 in DP 1136122, Menangle Road, Campbelltown, is determined by the grant of consent subject to conditions, in accordance with Annexure A. (3) The exhibits may be returned, other than Exhibit A (including the revised Biodiversity Management Plan), Exhibit H (the amended architectural plans), Exhibit K (the amended Plan of Management), Exhibit L (the draft public positive covenant), Exhibit M (the amended stormwater and engineering plans) and Exhibit 17 (final conditions of consent). Catchwords: APPEAL – refusal of development application for self-storage unit facility – satisfaction of statutory conditions to grant of consent – resolution of contentions regarding traffic management and pedestrian safety, flooding and stormwater, urban design and visual impact, biodiversity management and impact on trees Legislation Cited: Biodiversity Conservation (Savings and Transitional) Regulation 2017 Campbelltown Local Environmental Plan 2015 cl 2.3, 7.1, 7.2 Conveyancing Act 1919 s 88E Environmental Planning and Assessment Regulation 2000 cl 276 Roads Act 1993 (NSW) s 138 State Environmental Planning Policy – Remediation of Land cl 7 State Environmental Planning Policy (Infrastructure) 2007 cll 8, 101, 104 State Environmental Planning Policy (Major Infrastructure Corridors) 2020 cll 8, 9 State Environmental Planning Policy No 64 – Advertising and Signage cll 3, 4, 8 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Threatened Species Conservation Act 1995 Category: Principal judgment Parties: Kennards Self Storage Pty Limited (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: Mr M Seymour (Applicant) Ms K Gerathy (solicitor) (Respondent)