Graham & Sanders Pty Ltd v Camden Council [2021] NSWLEC 1433

Land and Environment Court New South Wales

Medium Neutral Citation: Graham & Sanders Pty Ltd v Camden Council [2021] NSWLEC 1433 Hearing dates: 18 June 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: Orders – see below at [39] of the judgment: Catchwords: DEVELOPMENT APPLICATION – consent orders – commercial development – potential heritage impacts – height of buildings non-compliance – consideration of written request to vary the height of buildings development standard – written request is well founded – resident objectors – public interest Legislation Cited: Camden Local Environment Plan 2010, cll 2.3, 2.7, 4.3, 4.6, 5.10, 7.1, 7.4 Environmental Planning and Assessment Act 1979, ss 4.15(1), 4.16, 8.2, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77, Sch 1 cl 2A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) Texts Cited: Camden Development Control Plan 2011 Camden Development Control Plan 2019 NSW Heritage Office and Royal Australian Institute of Architects, Design in Context: Guidelines for Infill Development in a Historic Environment, 2005 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (April 2021) Land and Environment Court of New South Wales, Practice Note – Class 1 Development Appeals Category: Principal judgment Parties: Graham & Sanders Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: N Eastman (Applicant) J Smith (Respondent)