Franciscan Order of Friars Minor v Campbelltown City Council [2024] NSWLEC 1058

Land and Environment Court New South Wales

Medium Neutral Citation: Franciscan Order of Friars Minor v Campbelltown City Council [2024] NSWLEC 1058 Hearing dates: Conciliation conference held on 15 February 2024 Date of orders: 20 February 2024 Decision date: 20 February 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 1933/2022/DA-SW, as amended, for the subdivision of land to create 57 Torrens title residential lots, demolition of structures, clearing of vegetation, earthworks, construction of an underground on-site detention basin (and dedication to Council), construction of public roads and cycleway, and associated landscaping, at 168 Narellan Road, Campbelltown, legally described as Lot 3 in DP 1213869 and Lot 954 in DP 1027535, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision of land to create Torrens title residential lots – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 6.12, 7.7, 7.13 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Water Management Act 2000, s 91 Biodiversity Conservation Regulation 2017, 7.2 Campbelltown Local Environmental Plan 2015 cll 2.6, 7.1 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, ss 4.4, 4.8 and Sch 2 Texts Cited: Campbelltown Comprehensive Koala Plan of Management, s 7.1 Category: Principal judgment Parties: Franciscan Order of Friars Minor (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)