Tyler Group Pty Ltd v Campbelltown City Council [2023] NSWLEC 1432

Land and Environment Court New South Wales

Medium Neutral Citation: Tyler Group Pty Ltd v Campbelltown City Council [2023] NSWLEC 1432 Hearing dates: Conciliation conference held 5 June and 17 July 2023, final agreement filed 18 July 2023 Date of orders: 08 August 2023 Decision date: 08 August 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application 3190/2022/DA-RA and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $6,000. (3) The Applicant's written request, pursuant to cl 4.6 of the Campbelltown Local Environmental Plan 2015 (CLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the CLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application 3190/2022/DA-RA (as amended) for demolition of existing structures and construction of a six-storey residential apartment building comprising 49 units and three levels of basement parking at 17-21 Tyler Street, Campbelltown, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Campbelltown Local Environmental Plan 2015, cll 2.3, 4.3, 4.6, 5.10, 7.1, 7.4, 7.10, 7.13 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.120 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28 Texts Cited: NSW Department of Planning, Apartment Design Guide (2015) Planning Circular PS 18-003, February 2018 Category: Principal judgment Parties: Tyler Group Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: M Bawden (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)