Storty Pty Ltd v Campbelltown City Council [2024] NSWLEC 1397

Storty Pty Ltd v Campbelltown City Council [2024] NSWLEC 1397

The deferred commencement condition meant what it said: documentary evidence had to show that Lot 492 DP749194 has lawful two-way vehicular access to Harbord Road. It did not require a newly registered easement, a particular Australian Standard, a 6 metre kerb-to-kerb carriageway, or an enduring operational...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Class 1 Appeal Under S 8.7(1) and (2) of the Environmental Planning and Assessment Act 1979 Against Refusal to Accept Satisfaction of a Deferred Commencement Condition / Principal Judgment After Hearing
Outcome
Appeal upheld; deferred commencement condition satisfied; Development Consent 962/2021/DA-C operational.
Legal Topics
['deferred Commencement Consent' 'lawful Two Way Vehicular Access' 'right of Carriageway' 'construction of Development Consent Conditions' 'fresh Evidence in Class 1 Appeal']
['planning and Environment Law' 'property Law' 'administrative Law'] ['deferred Commencement Consent' 'lawful Two Way Vehicular Access' 'right of Carriageway' 'construction of Development Consent Conditions' 'fresh Evidence in Class 1 Appeal']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) and (2) of the Environmental Planning and Assessment Act 1979 Against Refusal to Accept Satisfaction of a Deferred Commencement Condition / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the deferred commencement condition requiring documentary evidence that Lot 492 DP749194 has lawful two-way vehicular access to Harbord Road was satisfied.' 'Whether the condition required a registered easement over Lot 491, compliance with Australian Standards, or a 6 metre carriageway allowing simultaneous passing of vehicles.' "Whether the Court could consider documents produced under notice to produce, including the McDonald's development consent and subdivision documents." "Whether Lot 492 has lawful access across Lot 491 by reason of DP749194, Condition 1.7 of the McDonald's development consent, or both."]

Ratio Decidendi

The deferred commencement condition meant what it said: documentary evidence had to show that Lot 492 DP749194 has lawful two-way vehicular access to Harbord Road. It did not require a newly registered easement, a particular Australian Standard, a 6 metre kerb-to-kerb carriageway, or an enduring operational condition. The Court accepted fresh evidence produced by Council under notice to produce, including the McDonald's development consent and subdivision documents. Those documents, DP749194, the relevant folios, the conduct and confirmation of McDonald's, and the history of Council's approval and construction of Tristan Place showed that Lot 492 has lawful two-way vehicular access across...

Court Disposition

Appeal upheld; deferred commencement condition satisfied; Development Consent 962/2021/DA-C operational.

Orders

  • ['The appeal is upheld.' 'Pursuant to s 39(2),(3) of the Land and Environment Court Act 1979, and ss 4.16(3) and 14(1),(2) of the Environmental Planning and Assessment Act 1979, the deferred commencement condition for development consent 962/2021/DA-C is satisfied.' 'Development Consent 962/2021/DA-C is operational.']