Balintore Ingleburn Rd Pty Ltd v Camden Council

[2018] NSWLEC 1650

Land and Environment Court

New South Wales

Medium Neutral Citation:	Balintore Ingleburn Rd Pty Ltd v Camden Council [2018] NSWLEC 1650
Hearing dates:	Conciliation conference on 11 & 12 December 2018
Date of orders:	12 December 2018
Decision date:	12 December 2018
Jurisdiction:	Class 1
Before:	Morris AC
Decision:	See orders at [8] below
Catchwords:	DEVELOPMENT APPLICATION: subdivision, drainage
Legislation Cited:	Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006
Texts Cited:	Camden City Council Growth Centre Precincts Development Control Plan 2016
Category:	Principal judgment
Parties:	Balintore Ingleburn Rd Pty Ltd (Applicant) Camden Council (Respondent)
Representation:	Counsel: C McEwen SC (Applicant)   Solicitors: Addisons Lawyers (Applicant) C McFadzean, Swaab (Respondent)
File Number(s):	2018/102783
Publication restriction:	No

Judgment

1. COMMISSIONER: Balintore Ingleburn Rd Pty Ltd (applicant) lodged Development Application No. 2016/1468/1 with Camden Council seeking consent for subdivision of land into 3 lots including road construction at 28 Ingleburn Road, Leppington. The council refused consent and the applicant is appealing that decision under s 8.7 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

2. The primary issue in the case is whether the proposed stormwater design is appropriate having regard to existing conditions and the future development of the locality.

3. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 11 and 12 December 2018. I have presided over the conciliation conference.

4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The decision agreed upon is to uphold the appeal and grant consent to the application. The agreement was based on amended plans prepared by the council in its evidence and agreed by the experts to address the contentions in the case.

5. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

6. I have formed this state of satisfaction because the necessary concurrence provisions under the EP&A Act have been satisfied, the development is consistent with the relevant provisions of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and the Camden City Council Growth Centre Precincts Development Control Plan 2016. Conditions of consent have been imposed that will ensure stormwater is managed appropriately and will not adversely impact adjoining properties. These were issues raised by objectors to the development.

7. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

8. The Court orders:

1. 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”.

2. 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 Environmental Planning and Assessment Act 1979 in an amount to be as agreed or assessed.

3. The appeal is upheld.

4. Development Application No. 2016/1468/1 dated 19 December 2016 for subdivision of one (1) allotment into three (3) Torrens title lots and construction of roads at 28 Ingleburn Road, Leppington, is approved subject to the conditions annexed and marked Annexure “B”.

……………………………

Sue Morris

Acting Commissioner of the Court

Annexure A - plans (7.93 MB, pdf)

Annexure B (167 KB, pdf)

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Decision last updated: 18 December 2018