Khan v Campbelltown City Council [2024] NSWLEC 1508

Land and Environment Court New South Wales

Medium Neutral Citation: Khan v Campbelltown City Council [2024] NSWLEC 1508 Hearing dates: Conciliation Conference on 7 June 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $6,000 within 21 days of the date of these orders. (3) Development Application No. DA-4272/2023/DA-BH, as amended, for demolition of existing structures, tree removal and construction of a 3 storey co-living housing development containing 24 rooms with at-grade parking and landscaping at 58 Moore Street, Campbelltown, is determined by the grant of consent, subject to the conditions set out in Annexure A. Catchwords: APPEAL – Development application – co-living housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34 Roads Act 1993, s 138 Campbelltown Local Environmental Plan 2015, cll 4.3, 4.4, 7.1, 7.4, 7.10, 7.13 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Housing) 2021, Ch 5, ss 67, 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Texts Cited: Campbelltown (Sustainable City) Development Control Plan 2015 Category: Principal judgment Parties: Rakhshan Khan (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)