Rahman v Campbelltown City Council (No 2)

[2024] NSWLEC 1496

Land and Environment Court

New South Wales

Medium Neutral Citation:

Rahman v Campbelltown City Council (No 2) [2024] NSWLEC 1496

Hearing dates:

12 and 13 June 2024

Date of orders:

16 August 2024

Decision date:

16 August 2024

Jurisdiction:

Class 1

Before:

Peatman AC

Decision:

The Court orders:

(1)   Development Consent is granted to Development Application No 2366/2023/DA-CL lodged with Campbelltown City Council for the demolition of existing structures and construction of a co-living housing development comprising 2 x 2-storey buildings containing a total of 15 private rooms (12 single rooms and 3 double rooms) accommodating a total of 18 residents, associated landscaping and at-grade parking for 3 cars, 3 motorcycles and 4 bicycles for the property known as 1 Durham Street, Minto being the whole of the land in Lot 17 Deposited Plan 597326, subject to conditions in Annexure A.

Catchwords:

DEVELOPMENT CONSENT – grant of consent – co-living housing – developer contributions – driveway construction

Legislation Cited:

Environmental Planning and Assessment Act 1979, s 4.16

Land and Environment Court Act 1979 ss 17, 39

Cases Cited:

Rahman v Campbelltown City Council [2024] NSWLEC 1453

Category:

Principal judgment

Parties:

Mohammed Rahman (Applicant)
Campbelltown City Council (Respondent)

Representation:

Counsel:
P Jayne (Solicitor) (Applicant)
H Irish (Respondent)

Solicitors:
SWS Lawyers Pty Ltd (Applicant)
Marsdens Law Group (Respondent)

File Number(s):

2023/274646

Publication restriction:

No

Judgment

1. COMMISSIONER: On 31 July 2024 I handed down judgment in Rahman v Campbelltown City Council [2024] NSWLEC 1453 upholding the appeal, and Order (2) stated:

“(2) The Respondent delete Conditions 29 and 41A of Exhibit 2 (Draft Conditions of Consent) and file these Conditions of Consent as Annexure A within 7 days of these orders.”

2. The Respondent filed Annexure A, Conditions of Consent, in accordance with Order (2) on 6 August 2024.

3. The proceedings fall within Class 1 of the Court’s jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).

4. Pursuant to s 39 of the LEC Act, and s 4.16(1) of the Environmental Planning and Assessment Act 1979 I shall now grant consent to Development Application No 2366/2023/DA-CL in accordance with my judgment handed down on 31 July 2024

Orders / Directions

5. The Court orders:

1. Development Consent is granted to Development Application No 2366/2023/DA-CL lodged with Campbelltown City Council for the demolition of existing structures and construction of a co-living housing development comprising 2 x 2-storey buildings containing a total of 15 private rooms (12 single rooms and 3 double rooms) accommodating a total of 18 residents, associated landscaping and at-grade parking for 3 cars, 3 motorcycles and 4 bicycles for the property known as 1 Durham Street, Minto being the whole of the land in Lot 17 Deposited Plan 597326, subject to conditions in Annexure A.

M Peatman

Acting Commissioner of the Court

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Annexure A

Decision last updated: 16 August 2024