Proust & Gardner Consulting Pty Ltd v Camden Council [2015] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Proust & Gardner Consulting Pty Ltd v Camden Council [2015] NSWLEC 1082 Hearing dates: 26, 27 March 2015 Date of orders: 07 April 2015 Decision date: 07 April 2015 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application 735/2014 for subdivision to create 87 residential lots, 3 residue lots, 2 public reserves and associated site works at 103, 103B and 155 Lodges Road, Elderslie is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 4 and C Catchwords: DEVELOPMENT APPLICATION: subdivision to create 87 residential lots, 3 residue lots, 2 public reserves and associated site works – breach of minimum width, minimum lot size and minimum average area requirements - whether inconsistent with the planning approach for the release area Legislation Cited: Camden Development Control Plan 2011 Camden Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Proust & Gardner Consulting Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr D Loether, solicitor (Respondent)

Solicitors: Allens (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 11080 of 2014 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal by Camden Council of Development Application 735/2014 for subdivision to create 87 residential lots, 3 residue lots, 2 public reserves and associated site works at 103, 103B and 155 Lodges Road, Elderslie (the site). 2. The proposal involves: * subdivision to create a total of 87 residential lots (Lots 301-386). The proposed lot sizes range from 300 sq m to 625 sq m; * subdivision to create 3 residue lots (Lots 296, 297 & 298); * the creation of 2 public reserves (Lots 299 & 300); * the construction and dedication of new local roads, drainage and utility services; * works within the Oxley Rivulet riparian corridor; and * vegetation removal. 1. The proposal is Stage 3 in a five stage development. Stages 1 and 2 of the residential subdivision were approved in 2014 under DA 209/2014 and DA 298/2014. Construction work has commenced on lands the subject of those consents which are located to the immediate west of Liz Kernohan Drive. 2. The council maintains that the proposal should be refused as it is inconsistent with the planning approach for the site in that the subdivision does not: * satisfy the minimum lot size requirements, * satisfy the minimum width requirements, and * satisfy the average lot size requirements. 1. The council also raised contentions relating to the stormwater management plan, vegetation management plan and requirements of the NSW Rural Fire Service although these contentions were not pressed following the submission of further information.