Land and Environment Court New South Wales Medium Neutral Citation: Rahman v Campbelltown City Council (No 2) [2024] NSWLEC 1496 Hearing dates: 12 and 13 June 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) Development Consent is granted to Development Application No 2366/2023/DA-CL lodged with Campbelltown City Council for the demolition of existing structures and construction of a co-living housing development comprising 2 x 2-storey buildings containing a total of 15 private rooms (12 single rooms and 3 double rooms) accommodating a total of 18 residents, associated landscaping and at-grade parking for 3 cars, 3 motorcycles and 4 bicycles for the property known as 1 Durham Street, Minto being the whole of the land in Lot 17 Deposited Plan 597326, subject to conditions in Annexure A. Catchwords: DEVELOPMENT CONSENT – grant of consent – co-living housing – developer contributions – driveway construction Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16 Land and Environment Court Act 1979 ss 17, 39 Cases Cited: Rahman v Campbelltown City Council [2024] NSWLEC 1453 Category: Principal judgment Parties: Mohammed Rahman (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: P Jayne (Solicitor) (Applicant) H Irish (Respondent) Solicitors: SWS Lawyers Pty Ltd (Applicant) Marsdens Law Group (Respondent) File Number(s): 2023/274646 Publication restriction: No Judgment 1. COMMISSIONER: On 31 July 2024 I handed down judgment in Rahman v Campbelltown City Council [2024] NSWLEC 1453 upholding the appeal, and Order (2) stated: "(2) The Respondent delete Conditions 29 and 41A of Exhibit 2 (Draft Conditions of Consent) and file these Conditions of Consent as Annexure A within 7 days of these orders." 1. The Respondent filed Annexure A, Conditions of Consent, in accordance with Order (2) on 6 August 2024. 2. The proceedings fall within Class 1 of the Court's jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act). 3. Pursuant to s 39 of the LEC Act, and s 4.16(1) of the Environmental Planning and Assessment Act 1979 I shall now grant consent to Development Application No 2366/2023/DA-CL in accordance with my judgment handed down on 31 July 2024 Orders / Directions 1. The Court orders: 1. Development Consent is granted to Development Application No 2366/2023/DA-CL lodged with Campbelltown City Council for the demolition of existing structures and construction of a co-living housing development comprising 2 x 2-storey buildings containing a total of 15 private rooms (12 single rooms and 3 double rooms) accommodating a total of 18 residents, associated landscaping and at-grade parking for 3 cars, 3 motorcycles and 4 bicycles for the property known as 1 Durham Street, Minto being the whole of the land in Lot 17 Deposited Plan 597326, subject to conditions in Annexure A. M Peatman Acting Commissioner of the Court ********** Annexure A DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 16 August 2024