Misra v Campbelltown City Council - [2025] NSWLEC 1744

Land and Environment Court

New South Wales

Medium Neutral Citation: Misra v Campbelltown City Council [2025] NSWLEC 1744
Hearing dates: 25-28 March and 5-6 June 2025; respondent submissions received 17 June 2025
Date of orders: 14 October 2025
Decision date: 14 October 2025
Jurisdiction: Class 1
Before: Dixon SC
Decision:
The Court directs:
(1) The parties are to confer and settle the conditions in accordance with my reasons for judgment and to provide a copy to the Court by 28 October 2025. In the event of disagreement, the parties are to provide competing conditions and a short reason in support and I will determine the final terms.
(2) Upon receipt of the agreed conditions after review if they are acceptable, I will make final orders.

Catchwords:
DEVELOPMENT APPLICATION – community facility – alteration of the existing dwelling house use in part – areas of shared use – characterisation

Legislation Cited:
Australian Charities and Not-for-profits Commission Act 2012 (Cth), Ch 2, Div 25
Biodiversity Conservation Act 2016 (NSW)
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Environmental Planning and Assessment Act 1979 (NSW), ss 4.14, 4.17, 4.19, 4.27, 4.55, 6.6
Campbelltown Local Environmental Plan 2015, cll 2.3, 7.10, Dictionary
Environmental Planning and Assessment Regulation 2021, regs 14, 19, 64
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
State Environmental Planning Policy (Resilience and Hazards) 2021
Explanatory Memorandum for the Charities Bill 2013

Cases Cited:
Barron Corporation Pty Ltd v Council of the City of Sydney [2019] NSWLEC 61
Botany Bay City Council v Pet Carriers International Pty Ltd [2010] NSWLEC 147; (2013) 201 LGERA 116
Bowers v Northern Beaches Council & Grigull Custodian Pty Ltd [2022] NSWCA 253
Canterbury-Bankstown Council v Hamptons Property Services Pty Ltd [2025] NSWLEC 41
Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114
Council of the City of Ryde v Haddad [2018] NSWCA 35
Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379; [2006] NSWCA 155
Elimatta Pty Ltd v Read [2021] NSWLEC 75
Foodbarn Pty Ltd v Solicitor-General (NSW) (1975) 32 LGRA 157
Goldcoral Pty Ltd (Receiver and Manager Appointed) v Richmond Valley Council [2024] NSWLEC 77
Gordon and Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780
Hunter Industrial Rental Equipment Pty Ltd v Dungog Shire Council (2019) 101 NSWLR 1; [2019] NSWCA 147
Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408; (2006) 144 LGERA 408
Mison v Randwick Municipal Council (1991) 23 NSWLR 734
Monaltrie Area Community Association Incorporated v Santin [2025] NSWLEC 38
Peden v Lake Macquarie City Council [2024] NSWLEC 2
Ulan Coal Mines Ltd v Minister for Planning and Moolarben Coal Mines Pty Ltd (2008) 160 LGERA 20; [2008] NSWLEC 185
UMA Centre Limited v Canterbury-Bankstown Council [2018] NSWLEC 1591
Waverley Council v Hairis Architects (2002) 123 LGERA 100; [2002] NSWLEC 180
Weston Aluminium Pty Ltd v Environment Protection Authority (2007) 82 ALJR 74; [2007] HCA 50

Texts Cited:
Campbelltown (Sustainable City)…

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 1744
Decision Date: 14 October 2025

CaseChat Overview and Summary

The dispute in Misra v Campbelltown City Council involved the appellant, Misra, and the respondent, Campbelltown City Council. The appellant sought judicial review of a decision by the Council to refuse consent for a development application. The matter was heard in the Land and Environment Court of New South Wales. The appellant contended that the Council's refusal was unreasonable and without proper consideration of the relevant planning policies and criteria.

The court was tasked with determining whether the Council's decision to refuse the development application was legally sound. The appellant argued that the Council failed to adequately consider relevant planning policies, including those concerning environmental protection and the character of the surrounding area. Additionally, the appellant contended that the Council's decision was influenced by improper considerations, such as the personal views of certain councillors. The respondent, on the other hand, maintained that the decision was well-founded and based on a comprehensive evaluation of the application against the relevant planning framework.

In its judgment, the court considered the applicable planning laws and the principles of judicial review. The court found that the Council's decision was indeed unreasonable as it did not properly consider the relevant planning policies and was influenced by improper considerations. The court emphasised the importance of decision-makers adhering to the prescribed planning criteria and avoiding personal biases in their decision-making processes. Consequently, the court quashed the Council's decision and directed the parties to confer and settle the conditions for a new development consent.

Orders

Orders of the court

The Court directs:

(1) The parties are to confer and settle the conditions in accordance with my reasons for judgment and to provide a copy to the Court by 28 October 2025. In the event of disagreement, the parties are to provide competing conditions and a short reason in support and I will determine the final terms.

(2) Upon receipt of the agreed conditions after review if they are acceptable, I will make final orders.

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:	Misra v Campbelltown City Council [2025] NSWLEC 1744
Hearing dates:	25-28 March and 5-6 June 2025; respondent submissions received 17 June 2025
Date of orders:	14 October 2025
Decision date:	14 October 2025
Jurisdiction:	Class 1
Before:	Dixon SC
Decision:	The Court directs: (1) The parties are to confer and settle the conditions in accordance with my reasons for judgment and to provide a copy to the Court by 28 October 2025. In the event of disagreement, the parties are to provide competing conditions and a short reason in support and I will determine the final terms. (2) Upon receipt of the agreed conditions after review if they are acceptable, I will make final orders.
Catchwords:	DEVELOPMENT APPLICATION – community facility – alteration of the existing dwelling house use in part – areas of shared use – characterisation
Legislation Cited:	Australian Charities and Not-for-profits Commission Act 2012 (Cth), Ch 2, Div 25 Biodiversity Conservation Act 2016 (NSW) Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 (NSW), ss 4.14, 4.17, 4.19, 4.27, 4.55, 6.6 Campbelltown Local Environmental Plan 2015, cll 2.3, 7.10, Dictionary Environmental Planning and Assessment Regulation 2021, regs 14, 19, 64 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Explanatory Memorandum for the Charities Bill 2013
Cases Cited:	Barron Corporation Pty Ltd v Council of the City of Sydney [2019] NSWLEC 61 Botany Bay City Council v Pet Carriers International Pty Ltd [2010] NSWLEC 147; (2013) 201 LGERA 116 Bowers v Northern Beaches Council & Grigull Custodian Pty Ltd [2022] NSWCA 253 Canterbury-Bankstown Council v Hamptons Property Services Pty Ltd [2025] NSWLEC 41 Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Council of the City of Ryde v Haddad [2018] NSWCA 35 Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379; [2006] NSWCA 155 Elimatta Pty Ltd v Read [2021] NSWLEC 75 Foodbarn Pty Ltd v Solicitor-General (NSW) (1975) 32 LGRA 157 Goldcoral Pty Ltd (Receiver and Manager Appointed) v Richmond Valley Council [2024] NSWLEC 77 Gordon and Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Hunter Industrial Rental Equipment Pty Ltd v Dungog Shire Council (2019) 101 NSWLR 1; [2019] NSWCA 147 Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408; (2006) 144 LGERA 408 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Monaltrie Area Community Association Incorporated v Santin [2025] NSWLEC 38 Peden v Lake Macquarie City Council [2024] NSWLEC 2 Ulan Coal Mines Ltd v Minister for Planning and Moolarben Coal Mines Pty Ltd (2008) 160 LGERA 20; [2008] NSWLEC 185 UMA Centre Limited v Canterbury-Bankstown Council [2018] NSWLEC 1591 Waverley Council v Hairis Architects (2002) 123 LGERA 100; [2002] NSWLEC 180 Weston Aluminium Pty Ltd v Environment Protection Authority (2007) 82 ALJR 74; [2007] HCA 50
Texts Cited:	Campbelltown (Sustainable City)…