1-5 Main Street, Mount Annan
Land and Environment Court Judgement
On 1 March 2016, the Land and Environment Court dismissed the appeal against the refusal of Development Application DA 626/2014 for the construction of a 3 storey development consisting of 9 precincts, 17 buildings and a total of 246 dwellings, serviced by 445 car parking spaces together with site works and landscaping.
In his judgement, Commissioner Brown held that the applicant had not justified the contravention of the height development standard and failed to demonstrate that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and that the proposal does not demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard.
He held that the proposed development is not compatible with the height, bulk and scale of the existing character of the locality and that the development lacks variety.
Accordingly, the Commissioner held that development consent must not be granted.
A copy of the judgement is provided below.
On 21- 23 December 2015, this matter was heard before Acting Senior Commissioner Brown in the Land & Environment Court.
The amended development the subject of the appeal consisted of:
- Construction of a 3 storey development consisting of 9 precincts, 17 buildings and a total of 246 Dwellings, serviced by 445 car parking spaces together with site works and landscaping.
The hearing commenced on site on Monday 21 December 2015. Approximately 50 people attended the site inspection, where evidence was provided by 7 local residents.
Council would like to thank the local residents who attended the Court hearing, provided evidence and made a submission in respect to this matter.
Following the site inspection, the matter continued in Court where expert evidence was given on behalf of Council with respect to various matters including traffic, town planning, waste and urban design.
Following the hearing of all the evidence, including the submissions from concerned residents, Acting Senior Commission Brown has reserved his decision.
Once Council receives the judgment, the findings of the Court will be published on Council’s website.
At a directions hearing on 2 September the Court granted the Applicant leave to rely on amended plans. The Court listed the matter for hearing on 21 – 23 December 2015 commencing onsite at 9:30am.
The Applicant has lodged amended plans with the Land and Environment Court with respect to the above development. The primary amendment is the removal of the above ground car parking structure with additional communal open space between the buildings. In addition, the northern building of Precinct A has been deleted with those units redistributed in the location of previous access ramps to the above ground car parks.
If you wish to view a hardcopy of the proposed amended plans, please visit Camden Council’s Customer Service Counters at 37 John Street, Camden, or 19 Queen Street, Narellan during normal office hours, or the Narellan and Camden Libraries during normal opening hours.
On Friday 24 April 2015, Senior Commissioner Moore of the Land and Environment Court conducted a conciliation conference pursuant to Section 34 of the Land and Environment Court Act 1979.
The conciliation conference commenced on site. Over 60 residents attended, and a number of residents had the opportunity to address the Court of their concerns.
Following the on-site meeting, the conciliation conference continued at the Civic Centre.
At the conclusion, Senior Commissioner Moore terminated the S34 conference as the parties were not able to resolve the issues in dispute and listed the matter for a directions hearing on Friday 15 May 2015 in the Land and Environment Court.
Council's solicitors attended court on 15 May 2015 where the matter was listed for a further directions hearing on Wednesday 27 May 2015.
On Wednesday 27 May 2015 the matter was vacated, with the court providing the applicant until Monday 1 June 2015 to lodge a Notice of Motion. The matter was relisted for Friday 5 June 2015 for the hearing of the applicant's Notice of Motion and for further directions.
On Friday 5 June 2015 the applicant’s Notice of Motion was heard, with the Court granting the applicant leave to submit amended plans and documentation to Council for review.
Amended plans and associated reports were submitted to Council on 11 June 2015 and placed on public notification between 15 June 2015 and until the 29 June 2015.
Council prepared and filed an amended statement of facts and contentions with the Court on 14 July 2015.
A directions hearing was held on 17 July 2015 which set out a timetable for the Court proceedings. The matter was listed for a hearing on 7 – 9 October 2015. The hearing was to commence on site on 7 October 2015 at 9:30am.
On 16 September the applicant filed a motion to vacate the current hearing dates of 7-9 October 2015. The applicant requested this to allow time to prepare amended plans. On 23 September 2015 the Court consented to the vacation of the current hearing dates and set out a new timetable which requires the applicant to file a new notice of motion by 28 September accompanied by amended plans for a further Directions hearing on 2 October 2015.
The Directions hearing on 2 October 2015 will determine if leave will be granted by the Court to rely on amended plans. If leave is granted, the Court will provide a revised timetable for the hearing.
For more information about the NSW Land and Environment Court please click on the following link: www.lec.justice.nsw.gov.au
Council held a community meeting to discuss the amended development. The meeting took place in the Narellan Public Library on Thursday 25 June 2015.