NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Campbelltown City Council v Ahmed [2023] NSWLEC 147 Hearing dates: 25 July and 20 November 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraph 52 Catchwords: JUDICIAL REVIEW – Complying Development Certificate (CDC) issued for construction of group homes and attached garage – cll 8 and 20 of Sch 2 of State Environmental Planning Policy (Housing) 2021 (Housing SEPP) – whether development met building articulation and location of fill requirements – CDC was not complying development under cl 64(1)(d) of the Housing SEPP – cl 1.18(e) of State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 (Code SEPP) – whether consent was required for modification of driveway under s 138 of the Roads Act 1993 (NSW) – no work proposed for driveway Legislation Cited: Environmental Planning & Assessment Act 1979 (NSW) Roads Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Campbelltown City Council (Applicant) A N Hussain Ahmed (First Respondent) Professional Certification Group Pty Ltd (Second Respondent) Representation: Counsel: D Loether, solicitor (Applicant) No appearance (Respondents)
Solicitors: Bartier Perry (Applicant No appearance (Respondents) File Number(s): 2022/315038 Publication restriction: No
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