SPEC Homes Pty Ltd v Camden Council [2024] NSWLEC 1729

Land and Environment Court New South Wales

Medium Neutral Citation: SPEC Homes Pty Ltd v Camden Council [2024] NSWLEC 1729 Hearing dates: Conciliation conference on 21 October 2024 Date of orders: 12 November 2024 Decision date: 12 November 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) The Applicant is granted leave to file the Amended Development Application referred to in paragraph [11] above with the Court. (3) The applicant is to pay the respondent's costs thrown away as a consequence of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. (4) Development Application No. 2022/917/1 for the for the replacement of the existing grassed stormwater drainage channel with a box culvert and hardstand areas for future car parking purposes associated with the use of the premises at 11-15 Orielton Road (Lot 24 DP 1179843) and 44 Topham Road, Smeaton Grange (Lot 72 DP 1179843), is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – drainage channel – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Camden Local Environmental Plan 2010, cl 5.21 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, Pts 9.2, 9.3 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.138 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: SPEC Homes Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: J Cole (Solicitor Applicant ) C Rose (Solicitor Respondent)