Pridham v Campbelltown City Council [2019] NSWLEC 1201

Pridham v Campbelltown City Council [2019] NSWLEC 1201

As the parties' agreement was one the Court could have made in its proper function, the Court is required to make orders accordingly under s 34(3) of the Land and Environment Court Act 1979, granting the amended development consent.

Parties
Applicant: Andrew Pridham; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
07 May 2019
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld and development consent granted subject to amended plans and conditions.
Legal Topics
Development Application, Subdivision, Consent Conditions, Conciliation Conference
Planning and Environment Development Application Subdivision Consent Conditions Conciliation Conference

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Pridham

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the conditions of consent for Development Application No. 1263/2017 should be amended, including removal of a deferred commencement condition and approval of amended plans.

Ratio Decidendi

As the parties' agreement was one the Court could have made in its proper function, the Court is required to make orders accordingly under s 34(3) of the Land and Environment Court Act 1979, granting the amended development consent.

Court Disposition

Appeal upheld and development consent granted subject to amended plans and conditions.

Orders

  • Leave is granted to the applicant to rely on specified amended plans.
  • The Appeal is upheld.