BRL Developments Pty Ltd v Camden Council [2023] NSWLEC 1292

Land and Environment Court New South Wales

Medium Neutral Citation: BRL Developments Pty Ltd v Camden Council [2023] NSWLEC 1292 Hearing dates: Conciliation conference held on 2 June 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. 2022/636/1, as amended, for the Torrens title subdivision of land into two (2) super lots and one (1) SP2 Infrastructure (local road) lot, construction and dedication of public roads, tree removal, stormwater and associated site works, on land legally described as Lot Y in DP 399114 and known as 142 Byron Rod, Leppington NSW 2179, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Water Catchments) 2022, s 6.65 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, 7, 8, 9, 10, 11, 12 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 5, ss 1.3, 2.2, 2.6 State Environmental Planning Policy (Resilience and Hazards) 2021. s 4.6 Category: Principal judgment Parties: BRL Developments Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) K Huxley (Solicitor) (Respondent)