Dalberg Pty. Limited v Campbelltown City Council [2024] NSWLEC 1314

Land and Environment Court New South Wales

Medium Neutral Citation: Dalberg Pty. Limited v Campbelltown City Council [2024] NSWLEC 1314 Hearing dates: Conciliation conference on 17 May 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application No 1827/2023/DA-C (PAN-336010) pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $13,000 within 28 days. (2) The appeal is upheld. (3) Development consent is granted to Development Application No 1827/2023/DA-C (PAN-336010), for the demolition of existing structures and construction of a centre-based child care facility at 120 Waminda Avenue, Campbelltown (Lot 1 in Deposited Plan 233177), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – centre-based child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Campbelltown Local Environmental Plan 2015, cll 2.3, 2.7, 4.1C, 4.3, 4.4, 7.1, 7.4, 7.10 Education and Care Services National Regulations Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 4, 6, Sch 2, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Dalberg Pty. Limited ACN 057 495 324 (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)