3133CSI Pty Ltd v Campbelltown City Council [2023] NSWLEC 1300

3133CSI Pty Ltd v Campbelltown City Council [2023] NSWLEC 1300

All statutory preconditions and planning controls have been satisfied to permit the grant of development consent, the parties reached a lawful agreement at conciliation, and the orders reflect determination in accordance with the Court's jurisdiction and parties' agreement.

Jurisdiction
Australia
Judgment Date
16 June 2023
Procedural Posture
Appeal (class 1) / Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs thrown away ordered against Applicant.
Legal Topics
['development Application' 'conciliation Conference' 'development Consent' 'costs' 'zoning' 'design Excellence' 'child Care Planning Guideline']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'development Consent' 'costs' 'zoning' 'design Excellence' 'child Care Planning Guideline']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal (class 1) / Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for a four-storey mixed use building including a childcare centre, gymnasium, commercial tenancies, and basement parking at 31-33 Carlisle Street, Ingleburn' 'Whether all jurisdictional pre-requisites and planning controls for approval are satisfied' 'Appropriateness of orders and costs given amended application and agreement at conciliation conference']

Ratio Decidendi

All statutory preconditions and planning controls have been satisfied to permit the grant of development consent, the parties reached a lawful agreement at conciliation, and the orders reflect determination in accordance with the Court's jurisdiction and parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs thrown away ordered against Applicant.

Orders

  • ['The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979.' 'The appeal is upheld.' 'Development Application No 1611/2022/DA-C for the...