ADN Resource Management Pty Ltd v The Council of Camden

Texts Cited: Camden Council’s Community Participation Plan 2021

Category: Principal judgment

Parties: ADN Resource Management Pty Ltd (Applicant)
Council of Camden (Respondent)

Representation: Counsel:
P Smith (Applicant)
K Huxley (Solicitor) (Respondent)
Solicitors:
Miller Prince (Applicant)
Holding Redlich (Respondent)

File Number(s): 2024/00481450

Publication restriction: Nil

Judgment

1. COMMISSIONER: This class 1 appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) following the deemed refusal by the Council of Camden of development application DA/2024/537/1 (the DA) seeking consent for the construction and use of a landscape material supply facility with associated works, on land legally described as Lot 25 in Deposited Plan 1222679 and known as 1110 The Northern Road, Bringelly NSW.

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, at which I presided on 29 April 2025.

3. Prior to the conciliation conference, the parties reached agreement. This agreement between the parties involves the Court upholding the appeal and granting development consent to the development application subject to those agreed conditions of consent. A signed agreement prepared in accordance with s 34 (10) of the LEC Act was filed with the Court on 29 April 2025.

4. The Respondent, as the relevant consent authority, has approved under s 38(1) of the Environmental Planning and Assessment Regulation 2021, to the Applicant amending Development Application DA/2024/537/1 in accordance with the following amended plans (Amended Development Application Documents):

| Drawing No and Revision | Title | Prepared by | Date | | Architectural Plans | | 1. | Drawing No. 01, Revision F | Site Plan | AJ Design & Draft | 15 April 2025 | | Drawing No. 02, Revision F | Floor Plan | | Drawing No. 03, Revision F | Elevations | | Drawing No. 04, Revision F | Section A-A | | Landscape Plans | | 2. | Drawing No. 24083 DA 1 - 2, Revision C | Legend/Details/Plant Schedule | Vision Dynamics Pty Ltd | 22 April 2025 | | Drawing No. 24083 DA 2 - 2, Revision C | Landscape Concept Plan – Ground Floor | | Engineering Plans | | 3. | Drawing No. D00, Revision E | Cover Sheet, Legend & Drawing Schedule | Amity Engineers | 19 April 2025 | | Drawing No. D01, Revision E | General Notes | | Drawing No. D05, Revision E | Cut and Fill Plan | | Drawing No. D10, Revision E | Stormwater Drainage Plan – Ground Floor | | Drawing No. D12, Revision E | Site Catchment Plan – Pre vs Post Development | | Drawing No. D20, Revision E | Stormwater Drainage Details | | Wastewater Plans | | 4. | Drawing No. 3964-WW, Revision A-04 | On-Site Wastewater Management Plan | Broadcrest Environmental Pty Ltd | 17 April 2025 | | Reports | | 5. | Traffic Letter of Response | McLaren Traffic Engineering | 16 April 2025 | | 6. | On-site Wastewater Report | Broadcrest Environmental Pty Ltd | 17 April 2025 | | 7. | Flood Risk Management | Amity Engineers | 19 April 2025 | | 8. | Arboricultural Letter of Response | Urban Forestry Australia | 22 April 2025 | | 9. | Detailed Site Investigation | Foundation Earth Sciences | 10 February 2025 | | 10. | Tuflow Flood Model | Amity Engineers | - |

5. The parties ask me to approve their decision as set out in the s34 agreement before the Court. In general terms, the agreement approves the development subject to amended plans that were prepared by the Applicant and the agreed conditions of development consent annexed to the s34 agreement.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising power under s 4.16 of the EPA Act. In this case, there are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties explained to me during the conference as to how the jurisdictional prerequisites have been satisfied in order to allow the Court to make the agreed orders at [20].

Jurisdictional prerequisites

7. The site is owned by the Applicant. The Court notes that the DA was lodged by Ammar Group Pty Limited, on 25 October 2024, however as a result of a change of company name from Ammar Group Pty Limited on 30 September 2024, this company is now called ADN Resource Management Pty Limited (Applicant).

8. The DA was notified in accordance with the Camden Council’s Community Participation Plan 2021 (CCPP) between 30 October 2024 and 3 December 2024. No submissions were received during the notification period. The Respondent does not consider that the Application as amended requires renotification under part 3.3 of the CCPP.

Camden Local Environmental Plan 2010

9. The site is zoned RU4 Primary Production Small Lots under the Camden Local Environmental Plan 2010 (CLEP). The DA seeks consent for the construction and use of a landscape material supply facility which is permissible with consent use on RU4 Primary Production Small Lots, and in accordance with cl 2.3 of the CLEP, I have had regarded the objectives of the zone.

10. The parties agree and I accept that the following applicable provisions under the CLEP are met:

11. Clause 2.7 demolition works are permissible with consent

12. Clause 4.3 Height of Buildings prescribes a maximum permitted height of building limit of 9.5m for the Site. The proposed development has a maximum height of approximately 7.7m and complies with this development standard.

13. Clause 5.21 Flood Planning applies to the site is identified as being within a flood planning area. A Flood Risk Management Plan has been provided by the Applicant by Amity Engineers dated 19 April 2025. Pursuant to Cl 5.21(2)(a) to (e), the parties agree that proposed development complies.

14. Clause 6.2 Public Utility Infrastructure the parties confirm that the public utility infrastructure that is essential for the proposed development is available.

15. Clause 7.4 Earthworks is applicable to the site and is outlined in Engineering Plan Cut to Fill Drawing No. D05 (Revision E, prepared by Amity Engineers, Dated 19 April 2025). The parties agree the proposed development will not adversely affect or disrupt drainage and flood patterns, flood storage or soil stability in the area based noted in Stormwater Plans (Drawing No. D10, Revision E, dated 19 April 2025) and Flood Risk Management Plan (Dated 19 April 2025) prepared by Amity Engineers. Excavated material is to be managed in accordance with the Conditions of Consent in Annexure A.

Water Management Act 2000

11. The DA was lodged as Integrated Development pursuant to Div 4.8 of the EPA Act, requiring an approval under s 91 of the Water Management Act 2000 (WM Act). The Respondent referred to the DA to the Department of Planning and Environment – Water (DPE Water) on 29 January 2025. On 14 April 2025, DPE Water indicated that for the purposes of the WM Act, a controlled activity approval is not required for the proposed works and ‘no further assessment by this agency is necessary’. On 9 April 2025, Water NSW confirmed that for the purposes of the WM Act, no further investigation is required.

State Environmental Planning Policy (Resilience and Hazards) 2021

12. The provisions of s 4.6 pf the State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP) applies to the site. The Court notes that the site was the subject of previous clean up notices by the NSW Environment Protection Authority (EPA). The Court has sighted the EPA letter to the Council of Camden (Dated 26 November 2024, Reference: DOC24/957209) that the clean up actions are now completed.

13. The DA is supported by a Preliminary Site Investigation (PSI) of a kind required by s 4.6 of the RH SEPP, prepared by Foundation Earth Sciences Pty Ltd dated 10 February 2025. I accept the conclusion of the PSI that the site is suitable for the proposed development, and I note the recommendations contained in the PSI are incorporated in the agreed conditions of consent 2.2(8) and 2.3(13).

State Environmental Planning Policy (Biodiversity and Conservation) 2021

14. Chapter 6 Water Catchments of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (BC SEPP) is applicable as the site is located within the Hawkesbury-Nepean Catchment.

15. The DA (as amended) is accompanied by Stormwater Management Plans prepared by Amity Engineers (Drawing No. D10, Revision E, Drawing No. D12, Revision E, and Drawing No. D20, Revision E, Dated 19 April 2025), a Flood Risk Management Report prepared by Amity Engineers (Dated 19 April 2025) and a Wastewater Diagram (Drawing No. 3964-WW, Revision A-04) and Report prepared by Broadcrest Consultants Pty Ltd dated 17 April 2025. With regard to these documents, and Conditions of Consent: 2.1(7), 2.1(12), and 2.2(4) which provide additional controls to ensure there is no adverse effect on the water quality and river flows of the Hawkesbury-Nepean River and its tributaries, the parties agree, and I accept that the provisions of the BC SEPP are met.

State Environmental Planning Policy (Transport and Infrastructure) 2021

16. Pursuant to cl 2.119 of the State Environmental Planning Policy (Transport and Infrastructure) 2021, the address of the site has frontage to the Northern Road which is a classified road. However the parties advised that as the access to the site is proposed off Bent Street, which is a Local Road, this clause is satisfied.

Conclusion

17. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

18. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

19. The Court notes that:

20. The Respondent, as the relevant consent authority, has approved under section 38(1) of the Environmental Planning and Assessment Regulation 2021, to the Applicant amending Development Application DA/2024/537/1 in accordance with the amended plans listed in Annexure A.

21. The Applicant has filed the plans and documents in Annexure A with the Court on 29 April 2025.

Orders

20. The Court orders that:

21. The Appeal is upheld.

22. Development consent is granted to Development Application No. DA/2024/537/1 (as amended) for the construction and use of a landscape material supply facility with associated works, on land legally described as Lot 25 in Deposited Plan 1222679 and known as 1110 The Northern Road, Bringelly NSW, subject to the conditions at Annexure A.

23. The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of ($3,500), payable within 14 days.

L Coetzee

Acting Commissioner of the Court

Annexure A (251 KB, pdf)

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