Forsyth v Campbelltown City Council [2022] NSWLEC 1414

Land and Environment Court New South Wales

Medium Neutral Citation: Forsyth v Campbelltown City Council [2022] NSWLEC 1414 Hearing dates: Conciliation conference on 11 and 28 April 2022 Date of orders: 04 August 2022 Decision date: 04 August 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development Application No. DA 225/2020/DA-DW for the construction of a single storey dwelling and associated site works on Lot 8177 DP 881519 known as 1 Denfield Circuit St Helens Park is determined by the grant of development consent, subject to the conditions set out in Annexure "A". (3) The parties request that the Commissioner dispose of these proceedings in accordance with the terms of the decision set out in [2] above. Catchwords: DEVELOPMENT APPEAL – dwelling house – conciliation conference – agreement between the parties – orders Legislation Cited: Campbelltown Local Environmental Plan 2015 cll 4.1C, 4.3, 5.21, 7.1, 7.4 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment cll 8, 9 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 11.6, 11.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: James Michael Forsyth (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: S Berveling (Barrister) (Applicant) P Hudson (Solicitor) (Respondent)