Aussie Hoist No.2 Pty Ltd v Camden Council [2019] NSWLEC 1493

Aussie Hoist No.2 Pty Ltd v Camden Council [2019] NSWLEC 1493

The Proposed Development was generally in accordance with the Indicative Layout Plan because its driveway aligned with the indicative access road, its buildings did not compromise future road locations, and requiring construction of the indicative road network was premature and unreasonable given unresolved levels and adjoining land conditions. Drainage, stormwater and contamination issues could be adequately addressed by conditions. A s 7.11 contribution condition was warranted under the Camden Growth Area Contributions Plan, but it had to be recalculated using the Leppington North industrial land LVI of 109.09, the NDA of 11,236m2, and including drainage components. Subject to settled...

Jurisdiction
Australia
Judgment Date
16 October 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 2018/1502/1 Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment and Final Orders
Outcome
Appeal upheld; development application determined by grant of consent subject to conditions.
Legal Topics
['development Application for Industrial Shed' 'indicative Layout Plan Under Camden Growth Precincts Development Control Plan 2012' 'stormwater and Drainage Management' 'state Environmental Planning Policy No 55—remediation of Land' 'section 7.11 Development Contributions' 'complying Development Certificate Works']
['planning and Environment' 'development Consent' 'development Contributions' 'contaminated Land'] ['development Application for Industrial Shed' 'indicative Layout Plan Under Camden Growth Precincts Development Control Plan 2012' 'stormwater and Drainage Management' 'state Environmental Planning Policy No 55—remediation of Land' 'section 7.11 Development Contributions' 'complying Development Certificate Works']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 2018/1502/1 Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the Proposed Development was generally in accordance with the Indicative Layout Plan in the Camden Growth Precincts Development Control Plan 2012, particularly as to site access and road layout.' "Whether the Applicant's drainage and stormwater management proposals were adequate, including in relation to the Indicative Layout Plan." 'Whether contamination levels arising from imported asphalt fill made the Subject Site suitable for the Proposed Development.' 'Whether a condition requiring payment of financial contributions under s 7.11 of the Environmental Planning and Assessment Act 1979 and the Camden Growth Centres Contributions Plan should be imposed, and in what amount.' 'Whether disputed proposed conditions of consent should be imposed, including conditions concerning the temporary office.']

Ratio Decidendi

The Proposed Development was generally in accordance with the Indicative Layout Plan because its driveway aligned with the indicative access road, its buildings did not compromise future road locations, and requiring construction of the indicative road network was premature and unreasonable given unresolved levels and adjoining land conditions. Drainage, stormwater and contamination issues could be adequately addressed by conditions. A s 7.11 contribution condition was warranted under the Camden Growth Area Contributions Plan, but it had to be recalculated using the Leppington North industrial land LVI of 109.09, the NDA of 11,236m2, and including drainage components. Subject to settled...

Court Disposition

Appeal upheld; development application determined by grant of consent subject to conditions.

Orders

  • ['The appeal is upheld.' "Development application DA 2018/1502/1 for development of land and construction of an industrial shed at 244 Ingleburn Road, Leppington, also identified as Lot 16A in DP 8979, is determined by the grant of consent, subject to the conditions provided at Annexure 'A' to this judgment." 'The...