Ramm Investments Pty Ltd v Campbelltown City Council

[2018] NSWLEC 1427

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ramm Investments Pty Ltd v Campbelltown City Council [2018] NSWLEC 1427
Hearing dates:	Conciliation conference on 2, 24 and 30 July 2018
Date of orders:	15 August 2018
Decision date:	15 August 2018
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See [4] 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:	Ramm Investments Pty Ltd (Applicant) Campbelltown City Council (Respondent)
Representation:	Solicitors: A Seton, Marsdens Law Group (Applicant) G McKee, McKees Legal Solutions (Respondent)
File Number(s):	2017/369487
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. 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.

4. 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 on the amended plans referred to in condition 1 of Annexure “A”.

2. The appeal is upheld.

3. Development Application No. 4202/2016 for the construction of 22 dwellings with basement car parking and road works in Collis Place and landscaping works at 124 Minto Road, Minto is approved subject to the conditions contained in Annexure “A”.

4. The applicant will pay the respondent’s costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $4,500.00.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (65.4 KB, pdf)