Nemra v Campbelltown City Council [2024] NSWLEC 1236

Nemra v Campbelltown City Council [2024] NSWLEC 1236

As jurisdictional prerequisites have been satisfied and the parties have reached a lawful agreement for the grant of development consent subject to appropriate conditions, the appeal is upheld and the amended development application is approved per s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Abraham Nemra; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
07 May 2024
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order against applicant for respondent's costs thrown away due to amendment ($13,500).
Legal Topics
Development Appeals, Conciliation Conference, Child Care Facility, Amended Development Application
Planning and Environment Development Appeals Conciliation Conference Child Care Facility Amended Development Application

Case Brief

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Parties

Abraham Nemra

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application meets legislative and regulatory requirements for consent
  2. 2 Whether jurisdictional prerequisites are satisfied for the Court to grant consent pursuant to parties' agreement

Ratio Decidendi

As jurisdictional prerequisites have been satisfied and the parties have reached a lawful agreement for the grant of development consent subject to appropriate conditions, the appeal is upheld and the amended development application is approved per s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order against applicant for respondent's costs thrown away due to amendment ($13,500).

Orders

  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment to the development application, in the amount of $13,500, such amount to be paid within 28 days of the date of this order.
  • The appeal is upheld.