MH Property No. 1 Pty Ltd v Campbelltown City Council [2023] NSWLEC 1245

Land and Environment Court New South Wales

Medium Neutral Citation: MH Property No. 1 Pty Ltd v Campbelltown City Council [2023] NSWLEC 1245 Hearing dates: 19, 20 and 21 April 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the Applicant is granted leave to rely on amended plans; (2) the Applicant is to pay the Respondents' costs thrown away in the appeal pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed; (3) the appeal is upheld; (4) the Applicant's Development Application No. 1/2022/DA-SW seeking consent for the demolition of existing structures, vegetation clearing, the community subdivision of land, along with associated works including civil works and revegetation/land rehabilitation works at Lots 5 and 6 in DP 1213869, also known as 192 Narellan Road, Campbelltown, is determined by the grant of consent, subject to the conditions at Annexure 'A'; (5) the exhibits are returned, except Exhibits A, B, C, D, E, F, R1-2 and R2-1. Catchwords: DEVELOPMENT APPLICATION – community subdivision of land – Respondents confirm all contentions resolved – Respondents do not oppose grant of consent – no objector submissions received in response to notification - conditions of consent agreed – deferred commencement condition imposed – grant of consent in the public interest. Legislation Cited: Biodiversity Conservation Act 2016, cll ss 6.5, 7.2, 7.3, 7.5, 7.7, 7.13 Campbelltown Local Environmental Plan 2014, cll 1.8A, 2.3, 5.10, 6.1, 7.10, 7.20 Environmental Planning and Assessment Act 1979, ss 1.7, 4.15, 4.16, 8.15, 8.7, Part 4.8 Environmental Planning and Assessment Regulation 2000, cll 55, 77 Rural Fires Act, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 4, cl s 4.8 State Environmental Planning Policy (Koala Habitat Protection) 2021 cl 10 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 3, scll, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122 Water Management Act 2000 Texts Cited: Austroads, Guide to Road Design, 2021 Campbelltown Comprehensive Koala Plan of Management 2018 Campbelltown (Sustainable Cities) Development Control Plan 2015 Category: Principal judgment Parties: MH Property No. 1 Pty Ltd (Applicant) Campbelltown City Council (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: M Staunton (Applicant) M Seymour (First Respondent) N Eastman (Second Respondent)