Colsan Investments Pty Ltd v The Council of Camden [2023] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Colsan Investments Pty Ltd v The Council of Camden [2023] NSWLEC 1226 Hearing dates: Conciliation conference on 20 February and 9 May 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended documentation listed in Annexure B. (2) The Applicant is to pay the Respondent's reasonable costs thrown away as a result of the amendment in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No. 2021/1120/1 for the construction of a single storey pub, brewhouse and associated operation, store and ancillary bottle-shop with associated drive-thru at 2 Porter Street, Oran Park, is determined by a grant of consent subject to conditions contained in Annexure A. Catchwords: APPEAL – development application – food and drink premises – pub – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 6.65, 9.3 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 2, ss 6.1, 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Colsan Investments Pty Ltd (Applicant) The Council of Camden (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)