Townson Property Pty Ltd v Campbelltown City Council [2023] NSWLEC 1693

Townson Property Pty Ltd v Campbelltown City Council [2023] NSWLEC 1693

The parties' agreement to approve the amended development application may be adopted as an order, as all statutory preconditions are satisfied and the proposal is permissible and compliant with relevant standards, subject to agreed conditions.

Parties
Applicant: Townson Property Pty Ltd; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order against Applicant for thrown away costs as agreed or assessed.
Legal Topics
Development Application, Centre Based Child Care Facility, Conciliation Conference, Land Use Consent
Planning and Environment Development Application Centre Based Child Care Facility Conciliation Conference Land Use Consent

Case Brief

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Parties

Townson Property Pty Ltd

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application for a centre-based child care facility should be granted consent
  2. 2 Whether relevant planning controls and policies are satisfied, including for signage, contamination, infrastructure, and biodiversity impacts
  3. 3 Whether the parties' s 34 agreement can be made as an order of the Court

Ratio Decidendi

The parties' agreement to approve the amended development application may be adopted as an order, as all statutory preconditions are satisfied and the proposal is permissible and compliant with relevant standards, subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order against Applicant for thrown away costs as agreed or assessed.

Orders

  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application as agreed or assessed.
  • The appeal is upheld.