Tyler Group Pty Ltd v Campbelltown City Council [2023] NSWLEC 1432

Tyler Group Pty Ltd v Campbelltown City Council [2023] NSWLEC 1432

The application to vary the height control under cl 4.6 CLEP is justified due to the site-specific circumstances, lack of adverse impacts, consistency with the zone and development standards' objectives, and all relevant planning instruments being satisfied. Parties' agreement is acceptable and the appeal is upheld; development consent is granted subject to conditions.

Parties
Applicant: Tyler Group Pty Ltd; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
08 August 2023
Procedural Posture
Development Application Appeal / Final Consent/disposition After Conciliation
Outcome
Appeal upheld, development consent granted for amended application, costs order made
Legal Topics
Development Application, Environmental Planning Instruments, Variation of Development Standard, Design Excellence, Building Height Limit, Appeal
Planning and Environment Development Application Environmental Planning Instruments Variation of Development Standard Design Excellence Building Height Limit Appeal

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Parties

Tyler Group Pty Ltd

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Development Application Appeal / Final Consent/disposition After Conciliation

Legal Issues

  1. 1 Whether leave should be granted to amend the Development Application
  2. 2 Whether the variation to the development standard for height of buildings should be upheld under cl 4.6 CLEP
  3. 3 Whether the amended DA addresses relevant planning criteria and environmental planning instruments

Ratio Decidendi

The application to vary the height control under cl 4.6 CLEP is justified due to the site-specific circumstances, lack of adverse impacts, consistency with the zone and development standards' objectives, and all relevant planning instruments being satisfied. Parties' agreement is acceptable and the appeal is upheld; development consent is granted subject to conditions.

Court Disposition

Appeal upheld, development consent granted for amended application, costs order made

Orders

  • Leave granted to Applicant to amend Development Application 3190/2022/DA-RA and rely on amended plans and documents as per Annexure A
  • Applicant to pay Respondent's costs thrown away due to amending the Development Application in the agreed sum of $6,000