Khoury v Campbelltown City Council [2023] NSWLEC 1395

Land and Environment Court New South Wales

Medium Neutral Citation: Khoury v Campbelltown City Council [2023] NSWLEC 1395 Hearing dates: Conciliation Conference 11 July 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Application as agreed or assessed. (2) The appeal is upheld. (3) Development application 1655/2022/DA-C for the consolidation of Lot 8 in Deposited Plan 254880 and Lot 8 in Deposited Plan 241301 and the construction of a two-storey, 71 place centre-based childcare centre with basement parking on the land at 24 Birdsville Crescent, Leumeah NSW 2560, is determined by the grant of development consent subject to the conditions in the annexure marked "A". Catchwords: DEVELOPMENT APPEAL – childcare centre – remediation of land – conciliation conference – agreement between the parties - orders Legislation Cited: Campbelltown Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 5.21, 7.3, 7.6, 7.10, 7.13, 7.20 Education and Care Service National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3 State Environmental Planning (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2, 3, ss 2.48, 2.98, 2.120, 3.3, 3.26, Sch 3 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 National Environment Protection (Assessment of Site Contamination) Measure, 1999 (April 2013) Category: Principal judgment Parties: Joshua Khoury (First Applicant) Hala El Khoury (Second Applicant) Campbelltown City Council (Respondent) Representation: Counsel: A Sarkis (Solicitor)(Applicant) L Rafaelle (Solicitor)(Respondent)