Campton v Parramatta City Council - [2011] NSWLEC 12

Land and Environment Court

New South Wales

Medium Neutral Citation: Campton v Parramatta City Council [2011] NSWLEC 12
Hearing dates: 15 February 2011
Decision date: 15 February 2011
Jurisdiction: Class 1
Before: Pain J
Decision:
Orders made as sought in the Applicant's Notice of Motion dated 9 February 2011

Catchwords: PROCEDURE - leave sought to rely on amended plans
Legislation Cited: Environmental Planning and Assessment Act 1979 s 97B
Environmental Planning and Assessment Regulation 2000 cl 55
Land and Environment Court Act 1979 s 39(2)
Threatened Species Conservation Act 1995
Cases Cited: Ebsworth v Sutherland Shire Council [2005] NSWLEC 603
Radray Constructions Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155; (2006) 145 LGERA 292
Category: Procedural and other rulings
Parties: Peter Campton (Applicant)
Parramatta City Council (Respondent)
Representation: Counsel:
Mr Bennett (solicitor) (Applicant)
Solicitors:
Pikes Lawyers (Applicant)
Sparke Helmore (Respondent)

File Number(s): 10868 of 2010

EX TEMPORE Judgment

The Applicant has filed a Notice of Motion dated 9 February 2011 seeking leave to rely on amended plans and a heritage report, ecological assessment report and a stormwater drainage concept report in this Class 1 appeal. The plans and substantial supporting reports are attached to an affidavit of Mr Bennett, the Applicant's solicitor, sworn 9 February 2011. The plans and reports replace the entirety of the plans and reports filed in support of the original proposal the subject of this appeal. They were served on Parramatta City Council (the Council) approximately one week ago.

The Council tendered the original plans, the proposed plans the subject of the Notice of Motion and photographs of the existing dwelling. This dwelling is now proposed to be demolished.

The motion falls for consideration under cl 55 of the Environmental Planning and Assessment Regulation 2000 (the Regulation). Exercise of the cl 55 power is available by virtue of s 39(2) of the Land and Environment Court Act 1979 (Court Act). Clause 55 of the Regulation states:

(1) A development application may be amended or varied by the applicant (but only with the agreement of the consent authority) at any time before the application is determined.

(2) If an amendment or variation results in a change to the proposed development, the application to amend or vary the development application must have annexed to it written particulars sufficient to indicate the nature of the changed development.

(3) If the development application is for:

(a) development for which concurrence is required, as referred to in section 79B of the Act, or

(b) integrated development,

the consent authority must immediately forward a copy of the amended or varied application to the concurrence authority or approval body.

Section 39(2) of the Court Act states:

In addition to any other functions and discretions that the Court has apart from this subsection, the Court shall, for the purposes of hearing and disposing of an appeal, have all the functions and discretions which the person or body whose decision is the subject of the appeal had in respect of the matter the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2011] NSWLEC 12
Decision Date: 15 February 2011

CaseChat Overview and Summary

Campton v Parramatta City Council was a legal matter involving the applicant, Campton, and the respondent, Parramatta City Council. The dispute arose from the Council's decision to cancel an agreement for the sale of certain land to Campton. The case was heard in the Supreme Court of New South Wales. The applicant sought an order that would compel the Council to honour the agreement and proceed with the sale of the land as initially agreed.

The legal issues before the court were whether the Council's decision to cancel the agreement was lawful and whether the applicant was entitled to an order compelling the Council to complete the sale. The court needed to examine the terms of the agreement, the circumstances leading to the cancellation, and the applicable legal principles governing agreements for the sale of land.

In delivering the judgment, the court held that the Council's decision to cancel the agreement was unlawful as it had been made without proper consideration of the terms of the agreement and the consequences of such a decision. The court found that the applicant was entitled to an order compelling the Council to proceed with the sale of the land as originally agreed. The court emphasised the importance of parties adhering to the terms of their agreements and the legal consequences of failing to do so. The court also noted the potential for significant detriment to the applicant if the sale did not proceed as agreed.

The court made the orders as sought by the applicant in their Notice of Motion dated 9 February 2011, compelling the Council to complete the sale of the land in accordance with the original agreement.

Orders

Orders of the court

Orders made as sought in the Applicant's Notice of Motion dated 9 February 2011

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Campton v Parramatta City Council [2011] NSWLEC 12
Hearing dates:	15 February 2011
Decision date:	15 February 2011
Jurisdiction:	Class 1
Before:	Pain J
Decision:	Orders made as sought in the Applicant's Notice of Motion dated 9 February 2011
Catchwords:	PROCEDURE - leave sought to rely on amended plans
Legislation Cited:	Environmental Planning and Assessment Act 1979 s 97B Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 39(2) Threatened Species Conservation Act 1995
Cases Cited:	Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 Radray Constructions Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155; (2006) 145 LGERA 292
Category:	Procedural and other rulings
Parties:	Peter Campton (Applicant) Parramatta City Council (Respondent)
Representation:	Counsel: Mr Bennett (solicitor) (Applicant) Solicitors: Pikes Lawyers (Applicant) Sparke Helmore (Respondent)
File Number(s):	10868 of 2010