Abuduhou v Campbelltown City Council - [2025] NSWLEC 1790

Land and Environment Court

New South Wales

Medium Neutral Citation: Abuduhou v Campbelltown City Council [2025] NSWLEC 1790
Hearing dates: Conciliation conference 27 October 2025
Date of orders: 11 November 2025
Decision date: 11 November 2025
Jurisdiction: Class 1
Before: Porter C
Decision:
The Court orders:
(1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the development application, in the agreed amount of $13,000.
(2) The appeal is upheld.
(3) Development consent is granted to 4212/2023/DA-RS for the demolition of existing structures and construction of an attached dwelling housing development consisting of four x two storey attached dwellings and Torrens title subdivision into four lots at 17 Genty Street, Campbelltown subject to conditions of consent at Annexure A.

Catchwords:
DEVELOPMENT APPEAL — attached dwellings — conciliation conference — agreement between the parties — orders

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7
Land and Environmental Court Act 1979 (NSW), s 34
Campbelltown Local Environmental Plan 2015, cll 2.6, 2.7, 4.3, 4.4, 5.21, 7.1, 7.4, 7.10, 7.13
Environmental Planning and Regulation 2021 (NSW), ss 38
State Environmental Planning Policy (Biodiversity and Conservation), ss 6.6, 6.8, 6.7, 6.9, 6.10, chs 4, 6
State Environmental Planning Policy (Sustainable Buildings) 2022
State Environmental Planning Policy (Precincts—Western Parkland City) 2021
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

Cases Cited:
McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183
Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245

Category: Principal judgment
Parties: Mazen Abuduhou (Applicant)
Campbelltown City Council (Respondent)
Representation:
Counsel:
J Reid (Applicant)
J Corradini-Bird (Solicitor) (Respondent)
Solicitors:
MillerPrince (Applicant)
Marsdens (Respondent)

File Number(s): 2024/439550
Publication restriction: Nil

JUDGMENT

COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application 4212/2023/DA-RS. The development application seeks consent for demolition of existing structures and construction of four attached dwelling houses with Torrens title subdivision into four lots at 17 Genty Street, Campbelltown (Lot 4 in DP 263512) (site).
The Court notes that the Respondent, as the relevant consent authority, has approved under s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) to the Applicant amending DA-4212/2023/DA-RS in accordance with the documents listed below (amended DA):

1.

Amended Architectural Plans prepared by Taylored Designs and Drafting, Sheets 1 -11, Revision I

14 October 2025

Proposed Subdivision Plan prepared by Taylored Designs & Drafting, Sheet 1 of 1, Revision I

14 October 2025

Landscape Plan prepared by Taylored Designs & Drafting, Sheet 1 of 1, Revision I

14 October 2025

2.

Amended stormwater plans prepared by Deboke Engineering Consultants, Drawings S100, S101, , S201, S202, S300, S301, S302, S303, S400, S401 and S500, Revision 5

5 October 2025

3.

Flood Impact Report prepared by Deboke Engineering Consultants, Revision G

13 October 2025

4.

Salinity Assessment…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1790
Decision Date: 11 November 2025

CaseChat Overview and Summary

Abuduhou and Campbelltown City Council were involved in a legal dispute concerning a development application that was subsequently amended. The case was heard and determined by the Land and Environment Court of New South Wales. The primary issue before the court was whether the amended development application, which involved the demolition of existing structures and the construction of four two-storey attached dwellings and Torrens title subdivision into four lots, should be granted development consent. A secondary issue was the determination of costs incurred by the Council as a result of the amendment to the development application.

The court found that the amended development application met the criteria for development consent under the Environmental Planning and Assessment Act 1979 (NSW). The court held that the proposed development was in accordance with the relevant planning instruments and did not pose any significant adverse environmental impacts. In relation to the costs, the court ordered that the applicant was to pay the Council $13,000 for costs thrown away due to the amendment of the development application. The court found that the amendment was significant and resulted in additional work for the Council, which was to be compensated by the applicant.

As a result of the court's decision, the appeal was upheld, and development consent was granted to the applicant for the demolition of existing structures and construction of an attached dwelling housing development at the specified address, subject to the conditions of consent outlined in Annexure A.

Orders

Orders of the court

The Court orders:

(1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the development application, in the agreed amount of $13,000.

(2) The appeal is upheld.

(3) Development consent is granted to 4212/2023/DA-RS for the demolition of existing structures and construction of an attached dwelling housing development consisting of four x two storey attached dwellings and Torrens title subdivision into four lots at 17 Genty Street, Campbelltown subject to conditions of consent at Annexure A.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Abuduhou v Campbelltown City Council [2025] NSWLEC 1790
Hearing dates:	Conciliation conference 27 October 2025
Date of orders:	11 November 2025
Decision date:	11 November 2025
Jurisdiction:	Class 1
Before:	Porter C
Decision:	The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the development application, in the agreed amount of $13,000. (2) The appeal is upheld. (3) Development consent is granted to 4212/2023/DA-RS for the demolition of existing structures and construction of an attached dwelling housing development consisting of four x two storey attached dwellings and Torrens title subdivision into four lots at 17 Genty Street, Campbelltown subject to conditions of consent at Annexure A.
Catchwords:	DEVELOPMENT APPEAL — attached dwellings — conciliation conference — agreement between the parties — orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environmental Court Act 1979 (NSW), s 34 Campbelltown Local Environmental Plan 2015, cll 2.6, 2.7, 4.3, 4.4, 5.21, 7.1, 7.4, 7.10, 7.13 Environmental Planning and Regulation 2021 (NSW), ss 38 State Environmental Planning Policy (Biodiversity and Conservation), ss 6.6, 6.8, 6.7, 6.9, 6.10, chs 4, 6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Precincts—Western Parkland City) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Cases Cited:	McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245
Category:	Principal judgment
Parties:	Mazen Abuduhou (Applicant) Campbelltown City Council (Respondent)
Representation:	Counsel: J Reid (Applicant) J Corradini-Bird (Solicitor) (Respondent) Solicitors: MillerPrince (Applicant) Marsdens (Respondent)
File Number(s):	2024/439550
Publication restriction:	Nil

1.	Amended Architectural Plans prepared by Taylored Designs and Drafting, Sheets 1 -11, Revision I	14 October 2025
	Proposed Subdivision Plan prepared by Taylored Designs & Drafting, Sheet 1 of 1, Revision I	14 October 2025
	Landscape Plan prepared by Taylored Designs & Drafting, Sheet 1 of 1, Revision I	14 October 2025
2.	Amended stormwater plans prepared by Deboke Engineering Consultants, Drawings S100, S101, , S201, S202, S300, S301, S302, S303, S400, S401 and S500, Revision 5	5 October 2025
3.	Flood Impact Report prepared by Deboke Engineering Consultants, Revision G	13 October 2025
4.	Salinity Assessment…