KRV Investments Pty Ltd v Camden Council [2023] NSWLEC 1294

Land and Environment Court New South Wales

Medium Neutral Citation: KRV Investments Pty Ltd v Camden Council [2023] NSWLEC 1294 Hearing dates: Conciliation conference held on 18 May 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 granted leave to amend the application to rely on the plans and documents listed under Schedule B, condition 1.0(2) of the conditions of consent at Annexure A. (2) 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. (3) The appeal is upheld. (4) Development Application No. 2021/1871/1, as amended, for the subdivision of the land into eight (8) Torrens title lots comprising three (3) residential super lots, three (3) SP2 lots, two (2) RE1 zoned lots, construction of public roads, drainage construction and associated site works on land legally described as Lot 34A and Lot 34B in DP 8979 and known as 146-166 Ingleburn Road, Leppington, NSW 2179, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, appendix 5, ss 2.2, 2.6, 6.1, 6.2, 6.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Rural Fires Act 1997, s 100B Water Management Act 2000 Category: Principal judgment Parties: KRV Investments Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) K Huxley (Solicitor) (Respondent)