Donware Holdings Pty Ltd trading as The Trustee for Charliewin Unit Trust v Camden Council [2022] NSWLEC 1714

Land and Environment Court New South Wales

Medium Neutral Citation: Donware Holdings Pty Ltd trading as The Trustee for Charliewin Unit Trust v Camden Council [2022] NSWLEC 1714 Hearing dates: Conciliation conference on 19 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application DA2020/841/1 for the demolition of existing structures, and construction of a two-storey light industrial building consisting of 12 units, neighbourhood shop, takeaway shop, carparking and associated landscaping at 19 and 19A Little Street, Camden, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Camden Local Environmental Plan 2010, cll 2.3, 4.3, 4.4, 5.1, 5.1A, 5.4, 5.21, 7.1, 7.4 Environmental Planning and Assessment Act 1979, s 8.15(3) Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 6.13 State Environmental Panning Policy (Resilience and Hazards) 2021 Category: Principal judgment Parties: Donware Holdings Pty Ltd trading as The Trustee for Charliewin Unit Trust (Applicant) Camden Council (Respondent) Representation: Counsel: J Reid (Applicant) C Rose (Solicitor) (Respondent)