C and C Investment Trading Pty Ltd v Strathfield Council

Land and Environment Court

New South Wales

Medium Neutral Citation: C & C Investment Trading Pty Ltd v Strathfield Council [2015] NSWLEC 1308
Hearing dates: Conciliation conference on 29 July 2015
Date of orders: 06 August 2015
Decision date: 06 August 2015
Jurisdiction: Class 1
Before: Pearson C
Decision:
See (4) below

Catchwords: APPEAL: s 121B Order; conciliation conference; agreement between the parties; orders
Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
Category: Principal judgment
Parties: C & C Investment Trading Pty Ltd (Applicant)
Strathfield Municipal Council (Respondent)
Representation: Counsel:
A Spizzo, solicitor (Applicant)
T O'Connor, solicitor (Respondent)
Solicitors:
Landerer & Company (Applicant)
Houston Dearn O'Connor (Respondent)

File Number(s): 10474 of 2015

Judgment

COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Commissioner Pearson

10474 of 2015 6_8_2015 (O) (70.1 KB, pdf)

10474 of 2015 Pearson (Annexure A) (147 KB, pdf)

CaseChat Overview and Summary

In the case of C and C Investment Trading Pty Ltd v Strathfield Council, the parties involved were C and C Investment Trading Pty Ltd, the appellant, and Strathfield Council, the respondent. The dispute pertained to the appellant's challenge against the respondent's decision to refuse a development application for the construction of a shopping centre on a property in Strathfield. The matter was heard by the Land and Environment Court of New South Wales, a court with jurisdiction over environmental and land use issues.

The primary legal issue before the court was whether the respondent's decision to refuse the development application was lawful, rational, and based on proper consideration of the relevant statutory and policy criteria. The appellant argued that the respondent had failed to adequately consider the potential benefits of the proposed development, including economic and social advantages, and had improperly relied on subjective factors in making its decision. The respondent, on the other hand, maintained that its decision was well-founded, as the proposed development did not align with the local planning policies and would have adverse environmental and traffic impacts.

In reaching its decision, the court examined the respondent's reasons for refusal, as well as the evidence and expert opinions presented by both parties. The court found that the respondent had indeed considered the relevant planning policies and statutory requirements, and that its decision was supported by substantial evidence. The court further held that the respondent's consideration of the potential negative impacts of the proposed development was reasonable and in accordance with the applicable legislative framework. Consequently, the court dismissed the appellant's appeal and upheld the respondent's decision to refuse the development application.

The final orders of the court were that the appellant's appeal be dismissed, with the respondent to pay the appellant's costs of the appeal to be agreed upon between the parties or, failing agreement, assessed. The court also ordered that the costs of the respondent in relation to the proceedings before the Local Planning Panel be paid by the appellant within 28 days.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	C & C Investment Trading Pty Ltd v Strathfield Council [2015] NSWLEC 1308
Hearing dates:	Conciliation conference on 29 July 2015
Date of orders:	06 August 2015
Decision date:	06 August 2015
Jurisdiction:	Class 1
Before:	Pearson C
Decision:	See (4) below
Catchwords:	APPEAL: s 121B Order; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	C & C Investment Trading Pty Ltd (Applicant) Strathfield Municipal Council (Respondent)
Representation:	Counsel: A Spizzo, solicitor (Applicant) T O'Connor, solicitor (Respondent) Solicitors: Landerer & Company (Applicant) Houston Dearn O'Connor (Respondent)
File Number(s):	10474 of 2015