Ingleburn 143 Pty Ltd v Camden Council [2021] NSWLEC 1557

Land and Environment Court New South Wales

Medium Neutral Citation: Ingleburn 143 Pty Ltd v Camden Council [2021] NSWLEC 1557 Hearing dates: Conciliation conference on 21 July, 11 August and 2 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $7,000 within 28 days of the orders disposing of these proceedings. (2) The appeal in respect of the two properties known as Lot 11 in DP629130 and part of Lot 100 in DP1260283 at 143 and 149 Ingleburn Road, Leppington respectively, is upheld. (3) Development application No. DA2020/10521/1 for the remediation of contaminated land, subdivision of residue lots 48, 49 and 51 created in DA2019/947 (Lot 100/DP1260283) and land at Lot 11 DP629130 into 18 residential lots and one residue (SP2) lot, including the demolition of existing structures, earthworks, road construction, civil/drainage works, tree removal and associated works is approved subject to the conditions contained in Annexure "A". Catchwords: DEVELOPMENT APPEAL – subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Rural Fires Act 1997 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Appendix 9 State Environmental Planning Policy No 55— Remediation of Land, cl 7 Sydney Regional Environmental Plan No 20— Hawkesbury-Nepean River (No 2—1997), cll 5, 6, 8, 11 Texts Cited: Camden Growth Centre Precincts Development Control Plan 2013 Category: Principal judgment Parties: Ingleburn 143 Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)