Sunland No. 35 Pty Ltd v Camden Council [2019] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: Sunland No. 35 Pty Ltd v Camden Council [2019] NSWLEC 1391 Hearing dates: 17-19 June 2019; Conditions filed 1 July 2019 Date of orders: 21 August 2019 Decision date: 21 August 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) Leave is granted to amended engineering and landscaping plans as comprising part of the application as amended. (2) The appeal is upheld. (3) Development Application DA 2017/1193/1 for a multi-dwelling housing and community title subdivision at 1-5 Main Street, Mount Annan is approved subject to the conditions in Annexure 'A'. (4) The exhibits are returned with the exception of Exhibits 1, A, C, G, T and U. Catchwords: DEVELOPMENT APPLICATION ­– multi-dwelling housing in a community title subdivision – solar access to private open space – urban design considerations including street activation and clustering – adequacy of road design and access including acceptable road widths and speed mitigation measures – provision for public access through the site – community objections Legislation Cited: Camden Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Cases Cited: Landco (NSW) Pty Ltd v Camden Council [2017] NSWLEC 1694 Mount Annan 88 Pty Ltd v Camden Council [2016] NSWLEC 1072 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Texts Cited: AMCORD 1995 Apartment Design Guide Australian Standard AS1428.1 Austroads Guide to Traffic Management 2016 Camden Development Control Plan 2011 Low Rise Medium Density Design Guide for Development Applications 2018 Medium Density Design Guide (Draft) 2017 Category: Principal judgment Parties: Sunland No. 35 Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Pearman (Respondent)