Domitian (Aust) Pty Ltd v Camden Council [2023] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: Domitian (Aust) Pty Ltd v Camden Council [2023] NSWLEC 1394 Hearing dates: Conciliation Conference 20 June 2023 Date of orders: 26 July 2023 Decision date: 26 July 2023 Jurisdiction: Class 1 Before: Porter AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. (2) The Appeal is upheld. (3) Development Application No DA/2022/686/1, as amended, for the construction of a 130 place childcare centre over 2 levels with basement parking, earthworks, landscaping and associated works on land legally described at Lot 25 in DP1264505 and known as 120 Lodges Road, Elderslie, NSW, 2570, is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – centre-based child care facility – conciliation conference – agreement between the parties - orders Legislation Cited: Camden Local Environmental Plan 2010, cll 2.3, 4.3, 5.10, 7.4 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 4.47, 8.7, 8.11 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Rural Fires Act (1997), s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 9, s 9.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 3.22, 3.23, 3.26 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: Camden Development Control Plan 2019 The Childcare Planning Guideline 2017 Category: Principal judgment Parties: Domitian (Aust) Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Podinic (Solicitor) (Respondent)