King Mix Pty Limited v Campbelltown City Council [2007] NSWLEC 100

King Mix Pty Limited v Campbelltown City Council [2007] NSWLEC 100

Development consent may be granted when design modifications and landscaping ensure sufficient amelioration of visual, acoustic, and drainage impacts, such that the development complies with planning instruments and objectives, including cl 37 and cl 12(2)(c) of the LEP.

Jurisdiction
Australia
Judgment Date
19 February 2007
Procedural Posture
Appeal / Decision on Appeal From Council Refusal of Development Application
Outcome
Appeal upheld; development approved subject to finalisation of conditions and revised plans.
Legal Topics
['development Application' 'visual Impact' 'drainage' 'acoustic Barriers']
['planning and Environment Law'] ['development Application' 'visual Impact' 'drainage' 'acoustic Barriers']

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Procedural Posture

Appeal / Decision on Appeal From Council Refusal of Development Application

Legal Issues

  1. 1 ['Whether proposed concrete batching plant and masonry factory should be granted development consent given visual impact, drainage, and compliance with Campbelltown Urban Area Local Environmental Plan']

Ratio Decidendi

Development consent may be granted when design modifications and landscaping ensure sufficient amelioration of visual, acoustic, and drainage impacts, such that the development complies with planning instruments and objectives, including cl 37 and cl 12(2)(c) of the LEP.

Court Disposition

Appeal upheld; development approved subject to finalisation of conditions and revised plans.

Orders

  • ['Applicant to file and serve revised plans by close of business 26 February 2007.' 'Respondent to file and serve revised conditions by close of business 28 February 2007.' 'Matter set down for callover before Registrar on 7 March 2007.' 'If directions 1 and 2 are complied with including electronic filing, orders...