Graham & Sanders Pty Ltd v Camden Council [2022] NSWLEC 1278

Land and Environment Court New South Wales

Medium Neutral Citation: Graham & Sanders Pty Ltd v Camden Council [2022] NSWLEC 1278 Hearing dates: 31 March 2022 Date of orders: 2 June 2022 Decision date: 02 June 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application DA/2018/599/2 made to the Court on 18 October 2021 is approved and development consent DA/2018/559/1 granted by the Court on 30 July 2021 for the demolition of an existing dwelling house and the construction of a commercial development comprising three commercial tenancies and a café on the land described as Lot 6 DP 357010 and known as 20 Elizabeth St Camden is modified in the terms set out in Annexure A. (3) As a consequence of the modification, development consent DA/2018/599/2 is subject to the consolidated, modified conditions of consent set out in Annexure B. (4) Exhibits are returned with the exception of Exhibits 1, 5, 6 and A, which are retained. Catchwords: MODIFICATION APPLICATION – commercial development and cafe – modification to alter roof form – whether overdevelopment of site – whether inconsistent with character of heritage conservation area – whether approval contrary to public interest Legislation Cited: Camden Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979, ss 4.5, 4.15, 4.55, 4.56, 8.14, Sch1 cl 20 Cases Cited: Feldkirchen Pty Ltd v Development Implementation Pty Ltd [2021] NSWLEC 116 Graham & Sanders Pty Ltd v Camden Council [2021] NSWLEC 1433 Lido Real Estate Pty Ltd v Woollahra Council (1997) 98 LGERA 1 Texts Cited: Camden Development Control Plan 2019 Land and Environment Court of NSW, Practice Note – Class 1 Development Appeals, (April 2018) Category: Principal judgment Parties: Graham & Sanders Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) Dr J Smith (Respondent)