Universal Property Group Pty Ltd v Camden Council [2023] NSWLEC 1738

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Camden Council [2023] NSWLEC 1738 Hearing dates: Conciliation conference on 16 November 2023 Date of orders: 05 December 2023 Decision date: 05 December 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs pursuant to 8.15(3) of the Environmental Planning and Assessment Act 1979 agreed in the sum of $13,000. (2) The appeal is upheld. (3) Development Application No DA/2021/378/1, as amended, for the remediation of land, demolition of existing structures, consolidation of two lots, staged Torrens title subdivision of land creating 60 residential lots, 1 RE1 zoned lot and 1 SP2 zoned lot in Stage 1, and 4 residential lots in Stage 2, construction of public roads and drainage works, landscaping and associated site works, is determined by the grant of development consent for land legally described as Lots 27 and 28 DP117857 and known as 1375 and 1383 Camden Valley Way, Leppington, NSW, 2179 subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 9, Pts 9.2, 9.3, 9.4 (repealed) State Environmental Planning Policy Amendment (Water Catchments) 2022, s 6.65 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 5, Pts 4, 5, 6, ss 2.1, 2.6, 2.7, 4.1AA, 4.1AB, 4.1B, 5.3, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Texts Cited: Camden Growth Centre Precincts Development Control Plan 2023 Camden Community Participation Plan 2021 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: J Reid (Applicant) S Simington (Solicitor) (Respondent)