Aussie Hoist No.2 Pty Ltd v Camden Council [2019] NSWLEC 1493

Land and Environment Court New South Wales

Medium Neutral Citation: Aussie Hoist No.2 Pty Ltd v Camden Council [2019] NSWLEC 1493 Hearing dates: 28 June 2019; 4 July 2019; 30 September 2019 Date of orders: 30 October 2019 Decision date: 16 October 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld; (2) Development application DA 2018/1502/1 for development of land and construction of an industrial shed at 244 Ingleburn Road, Leppington, also identified as Lot 16A in DP 8979, is determined by the grant of consent, subject to the conditions provided at Annexure 'A' to this judgment; (3) The exhibits are returned, with the exception of Exhibits A and 2. Catchwords: DEVELOPMENT APPLICATION – construction of an industrial shed – whether the proposed development generally accords with the provisions of an indicative layout plan (ILP) in Camden Growth Centres DCP – suitability of the subject site for the proposed development – mitigation of potential contamination risks on the subject site – contributions payable under the provisions of s 7.11 of the EP&A Act – application of Camden Growth Centres Contributions Plan Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Exempt and Complying Codes) 2008 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) Cases Cited: Attorney General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Blacktown City Council v Satmell Holdings Pty Ltd [2019] NSWLEC 93 The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36 Welsh Property Consulting Pty Ltd v The Hills Shire Council [2015] NSWLEC 1288 Texts Cited: Camden Growth Centres Contributions Plan Main Document Camden Growth Centres Contributions Plan Technical Document Camden Growth Precincts Development Control Plan 2012 NSW Department of Planning and Environment, Development Contributions Practice Notes NSW Environment Protection Authority, Reclaimed Asphalt Pavement Material Order (2014) Category: Principal judgment Parties: Aussie Hoist No.2 Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Astill (Respondent)