Menangle Park 1 Pty Ltd v Campbelltown City Council [2019] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: Menangle Park 1 Pty Ltd v Campbelltown City Council [2019] NSWLEC 1198 Hearing dates: Conciliation conference on 1 May 2019 Date of orders: 07 May 2019 Decision date: 07 May 2019 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [15] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference – agreement between the parties – orders Legislation Cited: Campbelltown Local Environmental Plan 2015 Coal Mine Subsidence Compensation Act 2017 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Menangle Park 1 Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Solicitors: C Rose, Swaab (Applicant) J Corradini-Bird, Marsdens Law Group (Respondent) File Number(s): 2018/221745 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 ('EPA Act') against the Respondent's deemed refusal of development application 1580/2018/DA-SW ('DA'). The DA sought consent for land 'subdivision', development for the purposes of 'roads' and associated work. The development would principally occur on land identified as: * Lot A DP 364350 (26 Fitzpatrick Street, Menangle Park); * Lot 52 DP 10718 (12 Fitzpatrick Street, Menangle Park); * Lot 57 DP 10718 (111 Cummins Road, Menangle Park);and * Lot 58 DP 10718 (121 Cummins Road, Menangle Park). But in addition the DA proposes works, such as half-road construction over or along four (4) adjoining properties, being: * Lot 48 DP 10718 (202 Racecourse Avenue) * Lot B DP 364350 (36 Fitzpatrick Street); * Lot 55 DP 10718 (46 Fitzpatrick Street); and * Lot 56 DP 1102480 (46 Fitzpatrick Street). The land to which the DA relates includes all of the above properties.