ZT Architects Pty Ltd v Campbelltown City Council [2024] NSWLEC 1768

Land and Environment Court New South Wales

Medium Neutral Citation: ZT Architects Pty Ltd v Campbelltown City Council [2024] NSWLEC 1768 Hearing dates: Conciliation conference 21-22 November 2024 Date of orders: 10 December 2024 Decision date: 10 December 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application 2961/2023/DA-RS, as amended, for the staged development at 11 Maroubra Crescent Woodbine NSW involving Torrens Title subdivision of the land, the carrying out of an attached dual occupancy on the newly constructed battleaxe lot and the Torrens Title subdivision of the dual occupancy is determined by the grant of consent, subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION: dual occupancy development in R2 zone – essential services – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8,7 Land and Environment Court Act 1979, ss 34, 34AA Campbelltown Local Environmental Plan 2015, cll 4.1, 4.1B, 4.3A, 7.1, 7.4, 7.10 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 4, 6, ss 4.10, 6.6, 6.7 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.120 Texts Cited: Planning for Bushfire Protection (2019). Category: Principal judgment Parties: ZT Architects Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: S Schneider (Solicitor) (Applicant) A Hannam (Respondent)