Landco (NSW) Pty Ltd v Camden Council [2017] NSWLEC 1694

Land and Environment Court New South Wales

Medium Neutral Citation: Landco (NSW) Pty Ltd v Camden Council [2017] NSWLEC 1694 Hearing dates: 20, 21 July 2017 with further written submissions on 28 July, 3, 9 August 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The Orders of the Court are:

1) The Applicant is granted leave to amend its development application by substituting the plans comprising Exhibit A and Exhibit L as the plans relied upon for the purposes of the development application.

2) Pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Respondent's costs that are thrown away as a result of amending the development application, as agreed or assessed.

3) The appeal is dismissed.

4) Development Application No 357/2016 for consolidation of four lots, the erection of three buildings each of two storeys and containing three attached dwellings, strata title subdivision and site works including landscaping, stormwater drainage and service connection, is determined by refusal.

5) The Exhibits save for 1,4, H and K are returned. Catchwords: DEVELOPMENT APPEAL – actual refusal – consolidation of four lots and construction of three, two-storey buildings with three attached dwellings – minimum subdivision lot size – strata subdivision –late application to amend statement of Facts and Contentions refused – urban design – setback – principal private open space –planning principle regarding compatibility Legislation Cited: Camden Development Control Plan 2011 Camden Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 ss 74BA, 79C, 97(1), 97B(2), Manooka Valley Masterplan Cases Cited: BPG Properties Pty Limited v Lake Macquarie City Council [2014] NSWLEC 399 at [117], [118] DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 1358 Jacques Avenue Bondi Pty Ltd v Waverley Council [No 1][2003] NSWLEC 421 Landco (NSW) Pty Ltd v Camden Council [2017] NSWLEC 86 Manzie v Willoughby City Council [1996] NSWLEC 26 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 at [22] – [31] Category: Principal judgment Parties: Landco (NSW) Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Ms C Novak (Respondent)