Ankira Projects Croatia Avenue Pty Ltd v Campbelltown City Council [2022] NSWLEC 1627

Land and Environment Court New South Wales

Medium Neutral Citation: Ankira Projects Croatia Avenue Pty Ltd v Campbelltown City Council [2022] NSWLEC 1627 Hearing dates: Conciliation conference on 22 August 2022, 26 August 2022, 8 September 2022, 13 September 2022, 15 September 2022, 6 October 2022, 20 October 2022. Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The Appeal is upheld. (2) Consent is granted to Development Application DA 2130/2020-SW (as amended) for the subdivision to create 12 residential allotments, temporary stormwater management facility, vegetation removal, road drainage, services and retaining wall works at the property being Lot 101 in Deposited Plan 1259735 known as 308 Bensley Road, Ingleburn, NSW 2565 subject to the conditions set out in Annexure A. (3) The Applicant to pay the Respondent's costs thrown away as a result of the amendment to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 , as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION - subdivision – vegetation removal and restoration – ongoing vegetation management – temporary stormwater management facility, biodiversity management and offsets - conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 ss , 6.12, 7.13 Biodiversity Conservation Regulation 2017 Pt 7 Campbelltown Local Environmental Plan 2015 cll 2.3, 2.6, 4.1, 4.12, 7.1, 7.4, 7.10, 7.20 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 4.17, 4.46, 4.47, 8.7, 8.11, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Environmental Planning and Assessment Regulation 2021 Sch 6 Pt 1 cl 2 Land and Environment Court Act 1979 ss 17, 34 Rural Fires Act 1997 s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021 Chapters 3, 4, Pt 6, Pt 7, cll 11.6, 11.7 State Environmental Planning Policy (Hazards and Resilience) 2021 cl 4.6 State Environmental Planning Policy (Koala Habitat Protection) 2021 Texts Cited: Campbelltown Development Control Plan 2015 Campbelltown Comprehensive Koala Plan of Management 2018 Planning for Bushfire Protection 2019 Category: Principal judgment Parties: Ankira Projects Croatia Avenue Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) K Gerathy (Solicitor) (Respondent)