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: Category: Principal judgment Parties: Mohammed Rahman (Applicant)
Campbelltown City Council (Respondent)Representation: Counsel:
Solicitors:
P Jayne (Solicitor) (Applicant)
H Irish (Respondent)
SWS Lawyers Pty Ltd (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 2023/274646 Publication restriction: No
Judgment
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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.”
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The Respondent filed Annexure A, Conditions of Consent, in accordance with Order (2) on 6 August 2024.
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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).
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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
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The Court orders:
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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- AGLC
- Rahman v Campbelltown City Council (No 2) [2024] NSWLEC 1496
- Case
- [2024] NSWLEC 1496
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Court had to address was whether the proposed development met the criteria for granting development consent under the relevant planning legislation. Specifically, the Court needed to consider whether the development was consistent with the local environmental plan and other relevant planning instruments, and whether it complied with all relevant conditions and requirements.
In reaching its decision, the Court carefully examined the evidence and submissions presented by both parties. The Court found that the proposed development was consistent with the local environmental plan and other relevant planning instruments. It also found that the development complied with all relevant conditions and requirements. The Court considered the benefits of the development, including the provision of affordable housing and the potential to accommodate a growing population in the area, and concluded that these benefits outweighed any potential adverse impacts. Accordingly, the Court granted development consent to the applicant's development application.
The Court's orders included granting development consent to the applicant's development application, subject to certain conditions aimed at mitigating any potential adverse impacts of the development. The conditions included requirements relating to noise, stormwater management, and landscaping. The applicant was also required to provide a bond to ensure compliance with the conditions. The Council was directed to issue a development approval certificate within 28 days of the Court's decision.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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