Developcorp NSW Pty Ltd v Campbelltown City Council [2022] NSWLEC 1404

Land and Environment Court New South Wales

Medium Neutral Citation: Developcorp NSW Pty Ltd v Campbelltown City Council [2022] NSWLEC 1404 Hearing dates: Conciliation conference on 13 and 27 May and 14 June 2022, final agreement filed 17 June 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent DA 2293/2015/DA-RA is modified (MA 2293/2015/DA-RA/B) in the terms as set out at Annexure A. (3) Development Consent DA 2293/2015/DA-RA as modified by the Court (MA 2293/2015/DA-RA/B) is set out at Annexure B. Catchwords: MODIFICATION APPLICATION – residential apartment development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, ss 29, 121B Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No.55—Remediation of Land, cl 7 State Environmental Planning Policy No.65—Design Quality of Residential Apartment Design State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Campbelltown Local Environmental Plan 2015, cl 7.13 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Developcorp NSW Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: B Barhoum (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)