NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Camilleri v Wollondilly Shire Council [2016] NSWLEC 1538 Hearing dates: 5, 6 & 18 October 2016 Date of orders: 14 December 2016 Decision date: 11 November 2016 Jurisdiction: Class 1 Before: Morris C Decision: See paragraph [105] Catchwords: APPEAL AGAINST CONSENT CONDITIONS: voluntary planning agreement; s94 contributions; whether site is suitable for disposal of sewerage; ecology; road construction; Legislation Cited: Wollondilly Local Environmental Plan 2011; Environmental Planning and Assessment Act 1979; Conveyancing Act 1919; Land and Environment Court Act 1979 Cases Cited: Progress and Securities Building Pty Limited Burwood Council & Anor (No 2) [2008] NSWLEC 135 Category: Principal judgment Parties: Mary Camilleri (Applicant) Wollondilly Council (Respondent) Representation: Counsel: Mr T Howard (Applicant)
Solicitors: Mr G Shapiro Henry Davis York (Applicant) Mr A Seton Marsdens Law Group (Respondent) File Number(s): 161100/2016
Judgment 1. At its meeting of 16 November 2015, Wollondilly Shire Council granted development consent to Development Application 010.2014.00000588.001. The consent authorised a one hundred and seventeen (117) lot rural residential subdivision and one (1) open space lot in six stages at Lots A & B, DP 369710, Lots 85 & 86, DP 751270 and Lots 1 & 2 DP 1210433, No's 165-195 River Road, Tahmoor subject to conditions of approval. Mrs Camilleri has filed an appeal against some of those conditions.
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