Austral & Leppington No. 8 Pty Ltd as trustee for Austral & Leppington No. 8 Unit Trust v The Council of Camden [2024] NSWLEC 1335

Land and Environment Court New South Wales

Medium Neutral Citation: Austral & Leppington No. 8 Pty Ltd as trustee for Austral & Leppington No. 8 Unit Trust v The Council of Camden [2024] NSWLEC 1335 Hearing dates: Conciliation conference on 15 March, 10 April and 1, 2 and 16 May 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $15,000. (2) The appeal is upheld. (3) Development consent is granted to Development Application No DA/2023/326/1, as amended, for subdivision creating 34 residential lots, 2 residue lots, including remediation of land, relocation of an existing heritage item to proposed Lot 1, vegetation removal, road construction, drainage construction, landscaping and associated site works on land legally described as Lot 72 in DP 8979 , known as 66 Rickard Road, Leppington subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15, Div 4.8 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Water Management Act 2000, s 91 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 6.6, 6.7, 6.8, 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Appendix 5, ss 4.1AA, 4.1AB, 5.9, 5.10, 6.1 State Environmental Planning Policy Amendment (Water Catchments) 2022 Category: Principal judgment Parties: Austral & Leppington No. 8 Pty Ltd as trustee for Austral & Leppington No. 8 Unit Trust (Applicant) The Council of Camden (Respondent) Representation: Counsel: G Hugo (Solicitor) (Applicant) K Huxley (Solicitor) (Respondent)