Proust and Gardner Consulting Pty Ltd v Camden Council

Land and Environment Court New South Wales Medium Neutral Citation: Proust & Gardner Consulting Pty Ltd v Camden Council [2015] NSWLEC 1082 Hearing dates:26, 27 March 2015Date of orders: 07 April 2015 Decision date: 07 April 2015 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is upheld.2. Development Application 735/2014 for subdivision to create 87 residential lots, 3 residue lots, 2 public reserves and associated site works at 103, 103B and 155 Lodges Road, Elderslie is approved subject to the conditions in Annexure A.3. The exhibits are returned with the exception of exhibits 4 and C Catchwords: DEVELOPMENT APPLICATION: subdivision to create 87 residential lots, 3 residue lots, 2 public reserves and associated site works – breach of minimum width, minimum lot size and minimum average area requirements - whether inconsistent with the planning approach for the release area Legislation Cited: Camden Development Control Plan 2011 Camden Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Category:Principal judgmentParties: Proust & Gardner Consulting Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: Mr I Hemmings SC (Applicant) Mr D Loether, solicitor (Respondent) Solicitors: Allens (Applicant) Bartier Perry Lawyers (Respondent) File Number(s):11080 of 2014Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal by Camden Council of Development Application 735/2014 for subdivision to create 87 residential lots, 3 residue lots, 2 public reserves and associated site works at 103, 103B and 155 Lodges Road, Elderslie (the site). The proposal involves: subdivision to create a total of 87 residential lots (Lots 301-386). The...