Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5:
1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the actual refusal of development application DA/2023/341/1 (the DA) for Torrens title subdivision to create 1 open space lot, 2 residential lots and 3 residue lots with tree removal, demolition of structures, dam decommission, earthworks, road construction, drainage, servicing, construction of 19 multi-dwelling housing units, car parking, landscaping and associated site works at 120 Ingleburn Road, Leppington NSW 2179, legally known as Lot 1 in DP 529937 (the site).
The DA was lodged on 20 June 2023. The proposed development consists of:
2. Subdivision to create:
a) Lot 1 (8,338m2) as a residue lot for future residential flat buildings;
b) Lot 2 (11,350m2) as a residue lot for future residential flat buildings;
c) Lot 3 (7,568m2) as a residential lot containing multi-dwelling housing;
d) Lot 4 (14,210m2) as a residue lot for future public open space;
2) Removal of all existing trees and vegetation within the development footprint;
3) Demolition of all existing structures within the development footprint;
4) Bulk earthworks, temporary sediment stockpiles and sediment basins;
5) Construction of one collector road, one local road and one internal laneway (including a pedestrian walkway) within Lot 3;
6) Construction of a multi-dwelling housing development comprising:
a) seven two storey attached dwellings on future Lot 3A; and
b) twelve two storey dwellings on future Lot 3B;
7) The subdivision of Lot 3 into Lots 3A, 3B and 3C is not included in the DA; and
8) Associated works for each dwelling, including refining earthworks, driveways, stormwater drainage, landscaping and fencing.
3. A s 34 conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties was convened by the Court on 5 August 2024. The on-site view was vacated as no submissions were received, and the parties indicated that they were seeking to reach a s 34 agreement. I presided over the s 34 conciliation conference, which commenced at the Council offices.
4. The s 34 conciliation conference was adjourned a number of times before a s 34 agreement was reached between the parties on 3 February 2025.
5. A signed s 34 agreement with Annexure A was filed with the Court on 3 February 2025, with amended plans (the amended DA) and additional documents as agreed between the parties, being filed with the Court on 4 February 2025. The s 34 agreement is supported by an agreed statement of jurisdictional prerequisites.
6. Between 16 August 2024 and 29 November 2024, the Applicant provided several tranches of amended material to the Respondent as part of the s 34 conciliation conference process. The parties agree that all contentions raised in the Respondent's Statement of Facts and Contentions (the SOFAC) have been resolved by the amended and additional material provided by the Applicant during the course of the s 34 conciliation conference and agreed conditions of consent.
7. The parties advise that changes to the proposed development in the amended DA are as summarised below:
1) The number of proposed townhouses reduced from 19 to 17, accompanied by a reduction in car parking spaces from 32 to 30. The floor space ratio increased from 0.69:1 to 0.80:1, and the gross floor area increased accordingly. Corresponding reductions made to the landscaped area and deep soil zone, while the development's solar access was improved;
2) the architectural plans revised to reflect the updated road dedication and site layout, including adjustments to built form, pedestrian pathways, and parking configuration. Block 3A reduced from 12 to 11 dwellings and Block 3B from 7 to 6, with updated floor plans, facades, balconies, and finishes. Elevations and sections updated to align with new levels and materials, and compliance diagrams revised to reflect improved solar access;
3) the civil engineering drawings amended to reflect changes in road design, site grading, and drainage strategy. This included the removal of on-site detention tanks beneath the laneway, introduction of a new swale and intersection design, and relocation of the stormwater infrastructure to better suit updated catchments and boundaries; and
4) additional detail included in the civil package to address staging, interim road access, pavement types, retaining structures, and revised stormwater modelling. Several plans updated or superseded to reflect these new arrangements, and a revised DRAINS model submitted to support the stormwater management strategy.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968a68527f9fd8d0d481de1)
Disclaimer: Curated by HT Syndication.
