Campbelltown City Council v Ahmed [2023] NSWLEC 147

Campbelltown City Council v Ahmed [2023] NSWLEC 147

The development was not complying development as it failed to satisfy building articulation and fill requirements under cll 8 and 20 of Sch 2 of the Housing SEPP; the CDC issued was invalid and of no effect.

Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Judicial Review / Judgment After Hearing, Ex Parte Against Respondents
Outcome
Declaration of invalidity of the CDC; restraint on works under the Approval; costs to Applicant.
Legal Topics
['complying Development Certificate' 'group Homes' 'state Environmental Planning Policy (housing) 2021' 'state Environmental Planning Policy (exempt & Complying Development Codes) 2008' 'roads Act 1993' 'building Articulation' 'earthworks and Fill' 'judicial Review']
['planning and Environment Law' 'administrative Law'] ['complying Development Certificate' 'group Homes' 'state Environmental Planning Policy (housing) 2021' 'state Environmental Planning Policy (exempt & Complying Development Codes) 2008' 'roads Act 1993' 'building Articulation' 'earthworks and Fill' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review / Judgment After Hearing, Ex Parte Against Respondents

Legal Issues

  1. 1 ['Whether the development demonstrates compliance with cll 8 and 20 of Sch 2 in the State Environmental Planning Policy (Housing) 2021' 'Whether the development can be considered complying development for the purpose of cl 64(1)(d) of the State Environmental Planning Policy (Housing) 2021' 'Whether written consent was obtained in accordance with cl 1.18 of the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 and s 138 of the Roads Act 1993 (NSW)']

Ratio Decidendi

The development was not complying development as it failed to satisfy building articulation and fill requirements under cll 8 and 20 of Sch 2 of the Housing SEPP; the CDC issued was invalid and of no effect.

Court Disposition

Declaration of invalidity of the CDC; restraint on works under the Approval; costs to Applicant.

Orders

  • ['A declaration that Complying Development Certificate (Ref 00092858), issued by the Second Respondent to Michael Kustreba, Davina Kustreba and PPG Investments Pty Ltd on 21 July 2022 for the new construction of two group homes and an attached garage at 20 Heritage Way, Glen Alpine NSW, is invalid and of no effect.'...