Karampour v Fairfield City Council [2021] NSWLEC 1769

Land and Environment Court New South Wales

Medium Neutral Citation: Karampour v Fairfield City Council [2021] NSWLEC 1769 Hearing dates: Conciliation conference on 10 December 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: See orders at [15] and [16] below Catchwords: MODIFICATION APPLICATION – deletion of condition of consent – LOCAL GOVERNMENT ACT 1993 ORDER - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55, 8.9, 8.10, Environmental Planning and Assessment Regulation 2000, cll 49, 121B Fairfield Local Environment Plan 2013 Land and Environment Court Act 1979, ss 17, 18, 34,39 Local Government Act 1993, ss 124, 153, 180 Cases Cited: 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Texts Cited: Fairfield City wide Development Control Plan 2013 Category: Principal judgment Parties: Janet Karampour (First Applicant) Hormoz Karampour (Second Applicant) Fairfield City Council (Respondent) File Number(s): 2021/25235 and 2021/280606

Judgment 1. COMMISSIONER: These 2 appeals related to 1667 The Horsley Drive, Horsley Park NSW being Lot 79A in Deposited Plan 17288 (the Site) as follows: 1. Proceedings 2021/25235 are an appeal against the deemed refusal of Fairfield City Council (Council) pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) to grant consent to Modification Application No. 688.2/2011 (Modification appeal) lodged with Council on 24 March 2020 to modify Development Consent No. 437/2015 (the Consent) for a Reception Centre on the site. 2. The Modification appeal falls within Class 1 of the Court's jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act). 3. Proceedings No. 2021/280606 are an appeal against the Council imposing Order No. 11 pursuant to s 124 of the Local Government Act 1993 (LG Act) (Order's appeal) in relation to the Site. 4. The Order's appeal falls within Class 2 of the Court's jurisdiction pursuant to s 18(a) of the LEC Act. 5. In relation to the Modification appeal, the Court exercises the powers or functions contained in ss 34(3) and 39(2) of the LEC Act, and s 4.55(2) of the EPA Act. 6. In relation to the Order's appeal, the Court exercises the powers or functions contained in ss 34(3) and 39(2) of the LEC Act, and ss 153 and 180 of the LG Act.