Development Application Approved with Amendments in Land and Environment Court Case

The Land and Environment Court approved an amended development application for the construction of 22 dwellings with conditions agreed upon by both parties.

Land and [ADDRESS] South Wales

Medium Neutral Citation: [COMPANY] v Campbelltown City Council [2018] NSWLEC 1427 Hearing dates: Conciliation conference on 2, 24 and 30 July 2018 Date of orders: 15 August 2018 Decision date: 15 August 2018 Jurisdiction: Class 1 Before: [NAME] C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and [ADDRESS] 1979 Category: Principal judgment Parties: [COMPANY] (Applicant) Campbelltown City Council (Respondent) Representation: Solicitors: [redacted] [NAME], [COMPANY] (Respondent) File Number(s): 2017/369487 Publication restriction: No

Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and [ADDRESS] 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act. As a consequence, s 34(3)(a) of the Act required me to "dispose of the proceedings in accordance with the decision". 2. [ADDRESS] also required me to "set out in writing the terms of the decision" (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

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

4. The final orders to give effect to the parties' agreement under s 34(3) of the Land and [ADDRESS] 1979 are:

1. The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A".

2. The appeal is upheld.

3. Development Application No. 4202/2016 for the construction of 22 dwellings with basement car parking and road works in [ADDRESS] and landscaping works at [ADDRESS], Minto is approved subject to the conditions contained in Annexure "A".

4. The applicant will pay the respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $4,500.00. ………………………. [NAME] Commissioner of the Court Annexure A (65.4 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 15 August 2018