Pridham v Campbelltown City Council

[2019] NSWLEC 1201

Land and Environment Court

New South Wales

Medium Neutral Citation:	Pridham v Campbelltown City Council [2019] NSWLEC 1201
Hearing dates:	Conciliation conference on 30 April 2019
Date of orders:	07 May 2019
Decision date:	07 May 2019
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See [6] below
Catchwords:	DEVELOPMENT APPLICATION: 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:	Andrew Pridham (Applicant) Campbelltown City Council (Respondent)
Representation:	Solicitors: M Evans, Kells The Lawyers (Applicant) C Drury, Sparke Helmore (Respondent)
File Number(s):	2018/351091
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the terms of the consent granted on 6 June 2018 to Development Application No. 1263/2017 for the subdivision of land to create two Torrens title allotments and construction of a double storey dwelling on proposed Lot 1 and new driveway (the proposal) at 37B Sebastian Avenue, Rosemeadow (the site) by Campbelltown City Council (the Council).

2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 30 April 2019. I have presided over the conciliation conference.

3. 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 site is burdened by an easement for underground services, which benefits adjoining land at 37A Sebastian Avenue. The decision involved deleting a deferred commencement condition requiring the applicant to demonstrate to the Council that the applicant has obtained a variation, release or modification of the restriction to allow the surface and under-surface levels to be altered within the easement; and the applicant providing design details of the proposed driveway crossing.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the amended application.

5. 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.

6. The Court orders:

1. Leave is granted to the applicant to rely on amended plans being:

1. Plan of proposed subdivision (Issue F) prepared by JMD Development Consultants dated 20 March 2019; and

2. Typical Detail for Driveway Crossing Easement for Underground Mains 1 Wide (Issue B) prepared by JMD Development Consultants dated 20 March 2019.

2. The Appeal is upheld.

3. Development consent is granted to Development Application No. 1263/2017 as amended, for the subdivision of land to create two Torrens title allotments and construction of a double storey dwelling on proposed Lot 1 in respect of premises being Lot 2 in DP 864648 known as 37B Sebastian Avenue, Rosemeadow NSW 2560, in accordance with the conditions attached as Annexure "A".

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (307 KB, pdf)

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Decision last updated: 13 May 2019