NHP Campbelltown Pty Ltd v Campbelltown City Council [2023] NSWLEC 1649

Land and Environment Court New South Wales

Medium Neutral Citation: NHP Campbelltown Pty Ltd v Campbelltown City Council [2023] NSWLEC 1649 Hearing dates: Conciliation conference held on 25 October 2023 Date of orders: 02 November 2023 Decision date: 02 November 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application 1421/2022/DA-SW, as amended, which seeks staged subdivision of land into 129 Torrens title residential lots and 5 residue lots, land clearing, construction of roads, stormwater drainage basin, acoustic wall and associated landscaping on Lot 4 Deposited Plan (DP) 1213869, also known as 184 Narellan Road, Campbelltown, Lot 1429 DP 1047382 and Lot 1428 DP 1047382, is determined by the grant of consent, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – biodiversity consideration - conciliation conference– agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 6.2, 7.2, 7.7 Biodiversity Conservation Regulation 2017, cl 7.2 Campbelltown Local Environmental Plan 2015, cll 2.3, 7.20 Dams Safety Act 2015, ss 4, 5 Dams Safety Regulation 2019 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.46, 4.47, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974, s 90 Rural Fires Act 1997, s 100B State Environment Planning Policy (Biodiversity and Conservation) 2021, Chs 3, 4, 9, s 4.8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Water Management Act 2000, s 91 Texts Cited: Campbelltown Comprehensive Koala Plan of Management 2018 Campbelltown Community Participation Plan 2019 Campbelltown (Sustainable City) Development Control Plan 2015 Category: Principal judgment Parties: NHP Campbelltown Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) A Seton (Solicitor)(Respondent)