Rahman v Campbelltown City Council [2024] NSWLEC 1453

Rahman v Campbelltown City Council [2024] NSWLEC 1453

Co-living housing is a type of residential accommodation resulting in a net increase in residents under section 2.6(a) of CLIC Plan 2018, authorising a developer contribution under Section 7.11. Table 2 of CLIC Plan 2018 is non-exhaustive regarding residential typologies. The proposed driveway should retain a permeable section to comply with minimum landscaping requirements under CDCP 2015 and Housing SEPP; Condition 29 should be deleted. The Section 7.11 developer contribution applies; Condition 41 stands and 41A is to be deleted.

Jurisdiction
Australia
Judgment Date
31 July 2024
Procedural Posture
Appeal Under Environmental Planning and Assessment Act 1979 S 8.7 / Final Judgment
Outcome
Appeal upheld
Legal Topics
['development Consent' 'development Conditions' 'developer Contributions' 'co Living Housing' 'interpretation of Contributions Plans']
['planning and Environment' 'administrative Law'] ['development Consent' 'development Conditions' 'developer Contributions' 'co Living Housing' 'interpretation of Contributions Plans']

Case Brief

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Procedural Posture

Appeal Under Environmental Planning and Assessment Act 1979 S 8.7 / Final Judgment

Legal Issues

  1. 1 ['Whether Draft Condition 29(c) (driveway construction) and Conditions 41/41A (developer contributions) may be imposed on consent for co-living housing under applicable statutory and planning instruments']

Ratio Decidendi

Co-living housing is a type of residential accommodation resulting in a net increase in residents under section 2.6(a) of CLIC Plan 2018, authorising a developer contribution under Section 7.11. Table 2 of CLIC Plan 2018 is non-exhaustive regarding residential typologies. The proposed driveway should retain a permeable section to comply with minimum landscaping requirements under CDCP 2015 and Housing SEPP; Condition 29 should be deleted. The Section 7.11 developer contribution applies; Condition 41 stands and 41A is to be deleted.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' '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.']