Property Glenfield Pty Ltd v Campbelltown City Council [2017] NSWLEC 1481

Property Glenfield Pty Ltd v Campbelltown City Council [2017] NSWLEC 1481

As a valid agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and was one that the Court could have made in the proper exercise of its functions, the Court was required to give effect to the agreement and dispose of proceedings accordingly.

Parties
Applicant: Property Glenfield Pty Ltd; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Class 1 Appeal / Conciliation Conference Concluded With Agreement and Orders
Outcome
Appeal upheld. Amended development application approved subject to conditions. Applicant to pay respondent's costs of $9,000.
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement, Development Consent, Subdivision, Approval Conditions
Planning and Environment Development Application Conciliation Conference Section 34 Agreement Development Consent Subdivision Approval Conditions

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Parties

Property Glenfield Pty Ltd

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference Concluded With Agreement and Orders

Legal Issues

  1. 1 Whether development application should be approved subject to agreed conditions
  2. 2 Whether amended plans and documents should be accepted
  3. 3 Entitlement to costs

Ratio Decidendi

As a valid agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and was one that the Court could have made in the proper exercise of its functions, the Court was required to give effect to the agreement and dispose of proceedings accordingly.

Court Disposition

Appeal upheld. Amended development application approved subject to conditions. Applicant to pay respondent's costs of $9,000.

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend Development Application No. 532/2016/DA-RS and to rely on amended plans and documents.