JKPB Investments Pty Ltd v The Council of Camden [2023] NSWLEC 1441

Land and Environment Court New South Wales

Medium Neutral Citation: JKPB Investments Pty Ltd v The Council of Camden [2023] NSWLEC 1441 Hearing dates: Conciliation conference on 1 August 2023 Date of orders: 10 August 2023 Decision date: 10 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended Development Application. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent thrown away as a result of the Applicant being allowed to rely upon the amended Development Application agreed in the amount of $2,000, within 28 days of these Orders. (3) The appeal is upheld. (4) Development Application No. DA/2022/1027/1, as amended, for the construction of a two-storey 80-place centre-based child care facility with basement car parking and associated site works at 19 Sultana Avenue, Leppington (Lot 55 DP 1260747) is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of new 80-place child care centre – conciliation conference – amended plans and information – agreement between the parties – orders made Legislation Cited: Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15(3) Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.6 State Environmental Planning Policy (Precincts - Western Parkland City) 2021, Appendix 5, s 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.26 Cases Cited: Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312; [2010] NSWLEC 223 Texts Cited: Camden Council Community Participation Plan Child Care Planning Guideline Category: Principal judgment Parties: JKPB Investments Pty Ltd (Applicant) The Council of Camden (Respondent) Representation: Counsel: M Staunton (Applicant) L Raffaele (Solicitor) (Respondent)