Swadling Developments Pty Ltd v The Council of Camden [2022] NSWLEC 1723

Land and Environment Court New South Wales

Medium Neutral Citation: Swadling Developments Pty Ltd v The Council of Camden [2022] NSWLEC 1723 Hearing dates: Conciliation conference held on 1 November 2022 and 15 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans in condition 1 of Annexure A. (2) The appeal is upheld. (3) Development Application DA 2020/289/1, as amended for Torrens title subdivision into 24 lots, one drainage reserve, with associated essential service infrastructure and site works at Lot 1 in DP 542867, also known as 156 Macarthur Road Spring Farm is determined by grant of consent, subject to the conditions in Annexure A. (4) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – flooding management – lot design and relevant to site constraints - conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Camden Local Environmental Plan 2010, cl 2.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.47, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environment Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environment Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 9 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119 Texts Cited: Camden Development Control Plan 2019 Category: Principal judgment Parties: Swadling Developments Pty Ltd (Applicant) The Council of Camden (Respondent) Representation: Counsel: J Smith (Applicant) D Loether (Solicitor) (Respondent)