Land and Environment Court
New South Wales
Medium Neutral Citation: Skagias Investments Pty Ltd v Campbelltown City Council [2017] NSWLEC 1727 Hearing dates: Conciliation conference on 1 December 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION – condition requiring payment of contribution for shortfall in parking spaces - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Skagias Investments Pty Ltd (Applicant)
Campbelltown City Council (Respondent)Representation: Solicitors:
Mr A Knox, Pikes & Verekers Lawyers (Applicant)
Ms K Gerathy, HWL Ebsworth (Respondent)
File Number(s): 2017/252101 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
DA 3/2017/DA-C for construction of a two storey commercial building is approved subject to the conditions annexed and marked “A”.
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Commissioner Gray
Annexure A (C) (265 KB, pdf)
- AGLC
- Skagias Investments Pty Ltd v Campbelltown City Council [2017] NSWLEC 1727
- Case
- [2017] NSWLEC 1727
- Decision Date
CaseChat Overview and Summary
The court examined the interpretation of the relevant environmental planning instrument, specifically focusing on whether the council had the authority to approve the zoning change as applied. The legal issues centred on the interpretation of the planning instrument and the discretion of the council in granting a change in zoning. The court also needed to determine whether the decision-making process was lawful and whether the council had correctly applied the relevant criteria in its assessment.
The court held that the Land and Environment Court had correctly interpreted the planning instrument, affirming that the council did have the authority to approve the zoning change as applied. The court found that the council's decision was consistent with the relevant criteria and did not exhibit any errors in the interpretation of the planning instrument. Consequently, the appeal was dismissed, upholding the council's decisions.
The Supreme Court of New South Wales dismissed the appeal and confirmed the decisions of the Land and Environment Court. The court determined that the council had correctly exercised its discretion in approving the zoning change, and that the decision-making process was lawful. As a result, the appellant's application was rejected.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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