Frank Lopresti Investments Pty Ltd v Campbelltown City Council

[2018] NSWLEC 1329

Land and Environment Court

New South Wales

Medium Neutral Citation:	Frank Lopresti Investments Pty Ltd v Campbelltown City Council [2018] NSWLEC 1329
Hearing dates:	Conciliation conference on 9 April 2018; 9 and 25 May 2018; 1 and 7 June 2018
Date of orders:	29 June 2018
Decision date:	29 June 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Frank Lopresti Investments Pty Ltd (Applicant) Campbelltown City Council (Respondent)
Representation:	Counsel: A Hemmings (Applicant) Solicitors: Clayton Utz (Applicant) K Gerathy, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2017/316349
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by Frank Lopresti Investments Pty Ltd against the actual refusal by Campbelltown City Council of Development Application No. 2400/2015/DA-S for subdivision of Lot 34 in DP 262269 Epping Forest, Mississippi Crescent, Kearns into five (5) Torrens titled residential allotments.

2. 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”.

3. 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.

4. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

5. The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely upon the amended development application comprising the documents set out in Schedule A.

2. The Appeal is upheld.

3. Development Application 240/2015/DA-S as amended, for subdivision of land described as Lot 34 in DP 262269 located at Mississippi Crescent, Kearns is approved subject to the conditions of consent set out in Annexure "A".

4. The documents set out in Schedule A are to be retained.

……………………….

D M Dickson

Commissioner of the Court

Annexure A (102 KB, pdf)

Schedule A (12.0 KB, pdf)

Schedule A (Item 1) (1.02 MB, pdf)

Schedule A (Item 2) (363 KB, pdf)

Schedule A (Item 3) (5.06 MB, pdf)

Schedule A (Item 4) (7.39 MB, pdf)

Schedule A (Item 5) (59.7 KB, pdf)

Schedule A (Item 6) (11.4 MB, pdf)