Balintore Ingleburn Rd Pty Ltd v Camden Council [2018] NSWLEC 1650

Balintore Ingleburn Rd Pty Ltd v Camden Council [2018] NSWLEC 1650

The appeal was upheld because the parties reached agreement to grant consent on amended plans, and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed decision was one the Court could make in the proper exercise of its functions, given that necessary concurrence provisions under the Environmental Planning and Assessment Act 1979 were satisfied, the development was consistent with the relevant SEPP and DCP, and conditions would ensure appropriate stormwater management without adverse impacts on adjoining properties.

Jurisdiction
Australia
Judgment Date
12 December 2018
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2016/1468/1 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 2016/1468/1 approved subject to conditions.
Legal Topics
['development Application' 'subdivision' 'stormwater Drainage' 'conciliation Conference' 'development Consent']
['planning and Environment Law'] ['development Application' 'subdivision' 'stormwater Drainage' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2016/1468/1 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether consent should be granted for subdivision of land into 3 lots including road construction at 28 Ingleburn Road, Leppington.' 'Whether the proposed stormwater design is appropriate having regard to existing conditions and the future development of the locality.' "Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The appeal was upheld because the parties reached agreement to grant consent on amended plans, and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed decision was one the Court could make in the proper exercise of its functions, given that necessary concurrence provisions under the Environmental Planning and Assessment Act 1979 were satisfied, the development was consistent with the relevant SEPP and DCP, and conditions would ensure appropriate stormwater management without adverse impacts on adjoining properties.

Court Disposition

Appeal upheld; Development Application No. 2016/1468/1 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents listed in Condition 1 of the conditions and annexed and marked Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away by reason of the amended plans referred to in Order (1) pursuant to section 8.15(3) of the...