Greenfields Development Company No. 2 Pty Ltd v Camden Council [2019] NSWLEC 1412

Land and Environment Court New South Wales

Medium Neutral Citation: Greenfields Development Company No. 2 Pty Ltd v Camden Council [2019] NSWLEC 1412 Hearing dates: 22 July 2019 Date of orders: 03 September 2019 Decision date: 03 September 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) The exhibits are returned apart from Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – application for subdivision and dedication of public roads - including stratum subdivision – precedent – public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Growth Centres (Development Corporations) Act 1974 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Texts Cited: Oran Park Development Control Plan 2007 Category: Principal judgment Parties: Greenfields Development Company No. 2 Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: A Seton (Solicitor) (Applicant) Dr J Smith (Respondent)

Solicitors: Marsdens Law Group Pty Ltd (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2018/146880 Publication restriction: No

Judgment 1. COMMISSIONER: Greenfields Development Company No. 2 Pty Ltd (Greenfields) has appealed against Camden Council's deemed refusal of a development application for subdivision and dedication of public roads at G -South Circuit and 62-68 Central Avenue, Oran Park (site). 2. The development comprises: 1. subdivision of proposed Lot 15 in existing Lot 4 DP 270899 into two residue lots (Lots 16 and 17); 2. subdivision of existing Lot 9066 DP 1229619 into two residue lots (Lots 9080 and 9079); and, 3. dedication of roads approved under DA 2016/1534/1 and DA/2016/1535/1 being: 1. part of Dick Johnson Drive west of Oran Park Drive to be a public road dedication. 2. part of Oran Park Drive between Podium Way and Dick Johnson Drive to be dedicated in stratum, limited in height to 5.4m above the road surface level and limited in depth to a minimum of 2m or sufficient depth to contain all services within the public road. 3. part of Dick Johnson Drive between Oran Park Drive and Central Avenue to be dedicated in stratum, limited in height to 5.4m above the road surface level and limited in depth to a minimum of 2m or sufficient depth to contain all services within the public road. 1. The proposed stratum subdivision (Part Lot 17) under and above the road section of Oran Park Drive between Podium Way and Dick Johnson Drive between Oran Park Drive and Central Avenue is the reason for the Council's deemed refusal of the DA and the only matter of contention in the appeal. 2. The Council contends that the timing of the proposed stratum subdivision is problematic because there is no approved development on the sites adjoining the lengths of public roads proposed for stratum subdivision and therefore no understanding of the likely impacts of the proposal in that planning context. The Council argues that the stratum element of the DA should be considered more holistically when there is greater certainty about adjacent land uses. To do otherwise, it submits, sets a bad precedent in the LGA (which has to date resisted stratum subdivision of public roads) and frustrates the orderly and economic development of the Town Centre. 3. For the reasons that follow, I have also decided that the proposed stratum subdivision is premature and that the application is unacceptable after a merit assessment.