UPG 198 Pty Ltd v Camden Council [2023] NSWLEC 1694

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 198 Pty Ltd v Camden Council [2023] NSWLEC 1694 Hearing dates: Conciliation conference on 24 October 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Appeal is upheld. (2) The Applicant is to pay the Respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $22,000, payable within 28 days. (3) The Applicant's written request to vary s 4.3(2) of the State Environmental Planning Policy (Precincts – Western Parklands City) 2021 is upheld. (4) Development consent is granted to Development Application No. DA/2022/455/1, as amended, for the construction of 4 residential flat buildings comprising 97 units over basement car parking, landscaping and associated works on land legally described as Lot 75 in DP1180577 and known as 11 Ingleburn Road, Leppington NSW 2179, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential flat building – s 4.6 written request – height variation – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 6.2, s 6.13 State Environmental Planning Policy (Building Sustainability Index: Basix) 2004 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 4, 28, 30, Sch 1 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 5, ss 2.3, 4.1AB, 4.1B, 4.3, 4.4, 4.6, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119 Texts Cited: NSW Department of Planning and Environment Apartment Design Guide 2015 Category: Principal judgment Parties: UPG 198 Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: J Smith (Applicant) N Hammond (Respondent)