ZT Architects Pty Ltd v Campbelltown City Council [2024] NSWLEC 1768

ZT Architects Pty Ltd v Campbelltown City Council [2024] NSWLEC 1768

The Court, after being satisfied that jurisdictional preconditions for consent have been met and on the basis that the agreed development satisfies all relevant statutory planning controls and environmental criteria, disposes of the appeal by upholding it as per the in-principle agreement between the parties and grants consent to the amended development application, subject to conditions.

Parties
Applicant: ZT Architects Pty Ltd; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
10 December 2024
Procedural Posture
Appeal Class 1 (development Application) / Judgment After Conciliation Conference; Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Applications, Dual Occupancy, Subdivision, Conciliation Conference, Essential Services, Bushfire Protection
Planning Law Environmental Law Local Government Law Development Applications Dual Occupancy Subdivision Conciliation Conference Essential Services +1 more

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Parties

ZT Architects Pty Ltd

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Appeal Class 1 (development Application) / Judgment After Conciliation Conference; Consent Orders

Legal Issues

  1. 1 Whether staged dual occupancy subdivision in R2 zone at 11 Maroubra Crescent meets planning controls and essential service requirements
  2. 2 Whether proposed development satisfies environmental impacts, noise controls, bushfire safety and biodiversity/ecological provisions

Ratio Decidendi

The Court, after being satisfied that jurisdictional preconditions for consent have been met and on the basis that the agreed development satisfies all relevant statutory planning controls and environmental criteria, disposes of the appeal by upholding it as per the in-principle agreement between the parties and grants consent to the amended development application, subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application 2961/2023/DA-RS, as amended, for staged development at 11 Maroubra Crescent, Woodbine, NSW, including subdivision, carrying out of attached dual occupancy, and further subdivision, is determined by grant of consent subject to conditions in Annexure B.