Kairouz v Campbelltown City Council [2022] NSWLEC 1593

Kairouz v Campbelltown City Council [2022] NSWLEC 1593

The parties reached agreement after addressing all statutory prerequisites for grant of development consent, including compliance with planning controls and resolution of contentions, so the Court was required by statute to grant development consent on agreed terms.

Parties
Applicant: Charbel Kairouz; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
27 October 2022
Procedural Posture
Appeal (class 1) – Development Application Appeal / Orders Following Conciliation Conference With Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeals upheld; development consents granted for both amended boarding house applications, subject to conditions; applicant to pay respondent's costs thrown away by reason of amendments.
Legal Topics
Development Applications, Boarding Houses, Conciliation Conference, Grant of Development Consent, Zoning, Environmental Assessment
Planning and Environment Law Development Applications Boarding Houses Conciliation Conference Grant of Development Consent Zoning Environmental Assessment

Case Brief

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Parties

Charbel Kairouz

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Appeal (class 1) – Development Application Appeal / Orders Following Conciliation Conference With Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the proposed boarding houses may be granted development consent under existing planning legislation
  2. 2 Whether the amended plans address the concerns raised in submissions
  3. 3 Whether the agreement reached is consistent with statutory requirements for grant of consent

Ratio Decidendi

The parties reached agreement after addressing all statutory prerequisites for grant of development consent, including compliance with planning controls and resolution of contentions, so the Court was required by statute to grant development consent on agreed terms.

Court Disposition

Appeals upheld; development consents granted for both amended boarding house applications, subject to conditions; applicant to pay respondent's costs thrown away by reason of amendments.

Orders

  • Applicant to pay Respondent's costs thrown away by reason of each amendment, as agreed or assessed.
  • Appeal in proceeding 2021/285331 is upheld.