Aplus Architecture Pty Ltd v Camden Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Aplus Architecture Pty Ltd v Camden Council [2022] NSWLEC 1533

Hearing dates:

Conciliation conference 1 July 2022, 5 September 2022 final submission 12 September 2022

Date of orders:

28 September 2022

Decision date:

28 September 2022

Jurisdiction:

Class 1

Before:

Walsh C

Decision:

Refer to [36]

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Camden Local Environmental Plan 2010, cll 2.3, 2.7, 4.3, 4.6, 5.21, 7.4

Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15

Environmental Planning and Assessment Regulation 2000, cl 55

Land and Environment Court Act 1979, ss 34, 39

State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 9.4, 9.5

State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, cl 4.6

State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.122, 2.48, 4.7, 4.9

Category:

Principal judgment

Parties:

Aplus Architecture Pty Ltd (Applicant)
Camden Council (Respondent)

Representation:

Solicitors:
M Jaku, Jaku Legal (Applicant)
L Raffaele, Bartier Perry Lawyers (Respondent)

File Number(s):

2022/78417

Publication restriction:

No

Judgment

1. COMMISSIONER: These proceedings, brought under Class 1 of the Court’s jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. DA/2021/1789 (DA) by Camden Council.

2. The DA, as amended, seeks consent for the consolidation of five lots into one, demolition of existing structures and construction of a four storey mixed use development and associated matters at 8 – 10 Queen Street and 5 – 9 Coghill Street, Narellan (Lot 1 in DP 507300, Lot 1 in DP 813217, Lots 73 and 75 in DP 752045 and Lot 74 in DP 758753) (site).

3. In regard to the amendments, I note the advice of the parties provided within the documentation filed with the Court on 12 September 2022, that:

1. Camden Council, as the relevant consent authority, has agreed to the amendment of the application (pursuant to cl 55(1) of the Environmental Planning and Assessment Regulation 2000) to accord with the plans and documents at Condition 1.0(2) of Annexure A.

2. The amendments were lodged on the NSW planning portal on 9 September 2022.

3. The Applicant has subsequently filed the amendments with the Court on 12 September 2022.

Conciliation and agreement between the parties

4. The Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (LEC Act), which was held, initially, on 1 July 2022, and at which I presided. After more time was given, the parties have filed an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

5. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, provided it is a decision that the Court could have made in the proper exercise of its functions.

Jurisdiction

6. This decision involved the Court upholding the appeal and granting development consent to…