Kennards Self Storage Pty Limited v Campbelltown City Council [2021] NSWLEC 31

Kennards Self Storage Pty Limited v Campbelltown City Council [2021] NSWLEC 31

The development application, as amended and subject to proposed conditions, satisfies all relevant statutory requirements and planning controls; environmental, traffic, flooding, and visual impacts are mitigated or addressed to the Court’s satisfaction; all contentions are resolved; grant of consent is appropriate.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 April 2021
Procedural Posture
Appeal Class 1 (development Appeal) / Final Decision
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Approvals' 'zoning' 'biodiversity Offsets' 'traffic and Access' 'flooding and Stormwater' 'advertised Signage' 'design Controls']
['planning Law' 'environmental Law' 'administrative Law'] ['development Approvals' 'zoning' 'biodiversity Offsets' 'traffic and Access' 'flooding and Stormwater' 'advertised Signage' 'design Controls']

Source-derived case record

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Procedural Posture

Appeal Class 1 (development Appeal) / Final Decision

Legal Issues

  1. 1 ['Whether statutory conditions for grant of development consent are satisfied' 'Whether the development’s impacts on traffic, environment, flooding, stormwater, biodiversity, urban design, and signage are acceptable' 'Compliance with applicable planning instruments and policies']

Ratio Decidendi

The development application, as amended and subject to proposed conditions, satisfies all relevant statutory requirements and planning controls; environmental, traffic, flooding, and visual impacts are mitigated or addressed to the Court’s satisfaction; all contentions are resolved; grant of consent is appropriate.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application No.1292/2018/DA-C (as last amended on 31 March 2021) for the construction of three, two storey buildings containing self-storage units and an office; two vehicular crossings across a main road reserve; internal driveway and associated carparking; business...