Cornelus De Groot trading as Cactus Design & Drafting v Campbelltown City Council [2020] NSWLEC 1120

Cornelus De Groot trading as Cactus Design & Drafting v Campbelltown City Council [2020] NSWLEC 1120

The parties' agreement approving the amended development application was one the Court could make in the proper exercise of its functions because the amended proposal was permissible, did not contravene applicable development standards, satisfied relevant contamination, affordable rental housing, local character and BASIX considerations, and resolved the Council's contentions and relevant objector issues.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended development application approved subject to conditions.
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'agreement Between the Parties' 'affordable Rental Housing' 'remediation of Land' 'basix Compliance']
['planning and Environment Law'] ['development Application' 'boarding House' 'conciliation Conference' 'agreement Between the Parties' 'affordable Rental Housing' 'remediation of Land' 'basix Compliance']

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 a Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." "Whether the amended development application could be approved in the proper exercise of the Court's functions." 'Whether the amended boarding house development complied with applicable planning controls and environmental planning instruments.']

Ratio Decidendi

The parties' agreement approving the amended development application was one the Court could make in the proper exercise of its functions because the amended proposal was permissible, did not contravene applicable development standards, satisfied relevant contamination, affordable rental housing, local character and BASIX considerations, and resolved the Council's contentions and relevant objector issues.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ["The Applicant is granted leave to amend the Applicant's details on the Class 1 Application filed 13 September 2019 to clarify that the Applicant is 'Cornelus De Groot trading as Cactus Design & Drafting'." "The Applicant is granted leave to rely on the amended plans and documents filed 28 February 2020 referred to...