Kavlana Pty Limited v Campbelltown City Council [2019] NSWLEC 1607

Land and Environment Court New South Wales

Medium Neutral Citation: Kavlana Pty Limited v Campbelltown City Council [2019] NSWLEC 1607 Hearing dates: Conciliation conference on 8 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to amend the development application to rely upon the documents and plans referred to in Condition 1 of 'Annexure 1'. (2) The applicant's written objection by Rhodes Haskew Associates, pursuant to clause 6 of State Environmental Planning Policy No 1 – Development Standards (SEPP 1) in relation to the non-compliance with the minimum site area development standard set out in clause 7(4) of Campbelltown Local Environmental Plan No. 1 has been considered and I have formed the necessary opinion of satisfaction under clause 7 of SEPP 1. Consequently, the applicant's written objection is well founded and upheld. (3) The appeal is upheld. (4) Development Application 466/2014/DA-S for the subdivision of land legally known as Lot A, DP 449151, commonly known as 15 Aberfoyle Road, Wedderburn into two Torrens title allotments is approved subject to the conditions set out in 'Annexure 1'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Campbelltown Local Environmental Plan 2015 Campbelltown Local Environmental Plan No 1 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 1 – Development Standards State Environmental Planning Policy No 44 – Koala Habitat Protection Category: Principal judgment Parties: Kavlana Pty Limited (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: J Reid (Applicant) K Gerathy (Solicitor) (Respondent)