Boulos v Campbelltown City Council [2022] NSWLEC 1625

Land and Environment Court New South Wales

Medium Neutral Citation: Boulos v Campbelltown City Council [2022] NSWLEC 1625 Hearing dates: Conciliation conference on 4 November 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away, by reason of the amendment of Development Application No. 1038/2021/DA-BH, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $14,000 within 28 days of the date of these orders. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. 1038/2021/DA-BH for the demolition of an existing dwelling and associated structures and the construction of a two-storey boarding house with eight (8) double lodger rooms (including a manager's room), one (1) communal room, basement car parking spaces and landscaping at 17 Donaldson Street, Bradbury, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION: boarding house development in R2 Low density residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2000, cl 55 Campbelltown Local Environmental Plan 2015, cll 4.3, 4.4, 7.1, 7.2, 7.10 Conveyancing Act 1919, s 88B State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A, 30AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy Amendment (Flood Planning) 2021 Category: Principal judgment Parties: Tania Boulos (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)