Universal Property Group Pty Ltd v Camden Council [2023] NSWLEC 1048

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Camden Council [2023] NSWLEC 1048 Hearing dates: Conciliation conference on 14 November, 1 and 13 December 2022 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs arising from the amendment of the development application pursuant to s 8.15(3) of the Environment Planning and Assessment Act 1979, as agreed or as assessed. (2) The appeal is upheld. (3) Development Application No. DA/2021/1820/1, as amended, for the demolition of existing structures, remediation of land, tree removal, Torrens Title subdivision of land into two (2) lots (one (1) super lot and one (1) SP2 lot), construction of public road, drainage works and associated site works on land legally described as Lot 75 in DP1180577 and known as 11 Ingleburn Road, Leppington, NSW, 2179, is determined by the grant of Development Consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION –subdivision – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Interpretation Act 1987 (NSW), s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 1.4 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, s 1.4, Appendix 5, ss 2.6, 2.7, 4.1, 4.1AB, 4.1B State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 1.4 Sydney Regional Environmental Plan No 20–Hawkesbury-Nepean River Plan, cll 4, 5, 6 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Rose (Solicitor)(Respondent)