Aplus Architecture Pty Ltd v Camden Council [2022] NSWLEC 1533

Land and Environment Court New South Wales

Medium Neutral Citation: Aplus Architecture Pty Ltd v Camden Council [2022] NSWLEC 1533 Hearing dates: Conciliation conference 1 July 2022, 5 September 2022 final submission 12 September 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Class 1 Before: Walsh C Decision: Refer to [36] Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Camden Local Environmental Plan 2010, cll 2.3, 2.7, 4.3, 4.6, 5.21, 7.4 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 9.4, 9.5 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.122, 2.48, 4.7, 4.9 Category: Principal judgment Parties: Aplus Architecture Pty Ltd (Applicant) Camden Council (Respondent) Representation: Solicitors: M Jaku, Jaku Legal (Applicant) L Raffaele, Bartier Perry Lawyers (Respondent) File Number(s): 2022/78417 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. DA/2021/1789 (DA) by Camden Council. 2. The DA, as amended, seeks consent for the consolidation of five lots into one, demolition of existing structures and construction of a four storey mixed use development and associated matters at 8 – 10 Queen Street and 5 – 9 Coghill Street, Narellan (Lot 1 in DP 507300, Lot 1 in DP 813217, Lots 73 and 75 in DP 752045 and Lot 74 in DP 758753) (site). 3. In regard to the amendments, I note the advice of the parties provided within the documentation filed with the Court on 12 September 2022, that: 1. Camden Council, as the relevant consent authority, has agreed to the amendment of the application (pursuant to cl 55(1) of the Environmental Planning and Assessment Regulation 2000) to accord with the plans and documents at Condition 1.0(2) of Annexure A. 2. The amendments were lodged on the NSW planning portal on 9 September 2022. 3. The Applicant has subsequently filed the amendments with the Court on 12 September 2022.