Ozland Crossroads Housing Estate Pty Ltd ATF Ozland Crossroads Housing Estate v Campbelltown City Council [2024] NSWLEC 1362

Land and Environment Court New South Wales

Medium Neutral Citation: Ozland Crossroads Housing Estate Pty Ltd ATF Ozland Crossroads Housing Estate v Campbelltown City Council [2024] NSWLEC 1362 Hearing dates: Conciliation conference 19 March 2024, 9 May 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant shall pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $10,000 within 14 days of the date of this order. (3) Development Application No. 1202/2023/DA-SW for the boundary adjustment to incorporate the rear eastern portion of Lot 1 DP 122424 into Lot B DP 346530, consolidation of 6 existing lots, demolition of existing structures, tree removal, construction of roads, civil and bulk earthworks, associated works and subdivision to create 21 Torrens title lots, on the land as described at [2] of this judgment, as amended, is determined by grant of consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision, demolition, tree removal, bulk earthworks, road constriction and associated works – conciliation conference – amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Campbelltown Local Environmental Plan 2015, cll 2.3, 2.6, 2.7, 4.1, 5.10, 7.2, 7.4, 7.10, 7.18 Environmental Planning and Assessment Regulation 2021, s 23 State Environmental Planning Policy (Biodiversity and Conservation), Chs 2,6, ss 2.3, 6.1, 6.6, 6.7, 6.8, 13.7, 13.11, 13.15 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.77, 2.119, 2.120 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Campbelltown City Council Community Participation Plan, July 2019 Campbelltown City Development Control Plan 2015 NSW Rural Fire Service Planning for Bushfire Protection, November 2019 Category: Principal judgment Parties: Ozland Crossroads Housing Estate Pty Ltd ATF Ozland Crossroads Housing (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) A Kliese (Solicitor) (Respondent)