Samir Alzaidi v Campbelltown City Council [2018] NSWLEC 1051

Samir Alzaidi v Campbelltown City Council [2018] NSWLEC 1051

The Court upheld the appeal because the amended plans and agreed conditions of consent resolved the remaining planning, traffic, parking and waste collection contentions, addressed the objectors' concerns, satisfied the relevant considerations under s79C(1) of the Environmental Planning and Assessment Act 1979, and made the development acceptable under SEPP ARH, CLEP 2002, CLEP 2015 and CDCP 2014. The Court accepted that flexibility should be applied to the cut and fill and height exceedances under CDCP 2014 because the development achieved the objectives of those controls. Approval subject to the agreed conditions was therefore in the public interest.

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Hearing After S34 Conciliation Conference Was Terminated and Matter Set Down Under S34 C of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['boarding House Development' 'affordable Rental Housing' 'waste Collection' 'no Stopping Zone' 'traffic and Parking Impacts' 'development Control Plans' 'compatibility With Local Character']
['planning and Environment' 'development Consent' 'land Use'] ['boarding House Development' 'affordable Rental Housing' 'waste Collection' 'no Stopping Zone' 'traffic and Parking Impacts' 'development Control Plans' 'compatibility With Local Character']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Hearing After S34 Conciliation Conference Was Terminated and Matter Set Down Under S34 C of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether development application 1088/2015/DA-MAH for demolition of existing structures and construction of a two storey boarding house should be approved despite Council's refusal." 'Whether parking management and waste collection concerns, including the need for a no stopping zone, had been resolved by agreed conditions of consent.' 'Whether the proposed development complied with or was acceptable under State Environmental Planning Policy (Affordable Rental Housing) 2009, Campbelltown Local Environment Plan 2002, Campbelltown Local Environment Plan 2015 and Campbelltown (Sustainable City) Development Control Plan 2014.' 'Whether concerns raised by objectors about traffic, parking, rubbish collection, safety, character and overdevelopment had been addressed.' 'Whether approval of the development application, subject to conditions, was in the public interest.']

Ratio Decidendi

The Court upheld the appeal because the amended plans and agreed conditions of consent resolved the remaining planning, traffic, parking and waste collection contentions, addressed the objectors' concerns, satisfied the relevant considerations under s79C(1) of the Environmental Planning and Assessment Act 1979, and made the development acceptable under SEPP ARH, CLEP 2002, CLEP 2015 and CDCP 2014. The Court accepted that flexibility should be applied to the cut and fill and height exceedances under CDCP 2014 because the development achieved the objectives of those controls. Approval subject to the agreed conditions was therefore in the public interest.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' "Development application 1088/2015/DA-MAH for demolition of existing structures and construction of a two storey boarding house containing 18 boarding rooms, with communal laundry and common open space, four car parking spaces, including one accessible space, and four bicycles/motorcycle...