Tidmarsh v The Council of Camden [2022] NSWLEC 1661

Land and Environment Court New South Wales

Medium Neutral Citation: Tidmarsh v The Council of Camden [2022] NSWLEC 1661 Hearing dates: 5 and 6 September 2022 Date of orders: 30 November 2022 Decision date: 30 November 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application No. 2021/1599/1 for alterations and additions to the existing dwelling and construction of a 40m2 detached outbuilding at 16 Underwood Circuit, Harrington Park is determined by granting consent to the application subject to the conditions in Annexure A. (3) Exhibits 3 and E are returned and all others are retained. Catchwords: DEVELOPMENT APPEAL – residential – alterations and additions – outbuilding – precinct controls – objectives of precinct controls - flexible application of controls in development control plan – zone objectives - orders Legislation Cited: Camden Local Environmental Plan 2010, cl 1.9 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34AA Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021, Pt 2 Div 1 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Texts Cited: Camden Development Control Plan 2019 Category: Principal judgment Parties: Kaitlyn Tidmarsh trading as by her manager Australian Executor Trustees Limited (Applicant) The Council of Camden (Respondent) Representation: Counsel: G McKee (Solicitor)(Applicant) K Huxley (Solicitor)(Respondent)