3133CSI Pty Ltd v Campbelltown City Council [2023] NSWLEC 1300

Land and Environment Court New South Wales

Medium Neutral Citation: 3133CSI Pty Ltd v Campbelltown City Council [2023] NSWLEC 1300 Hearing dates: Conciliation conference on 7 June 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application No 1611/2022/DA-C for the demolition of existing structures, and construction of a four-storey mixed use building containing a childcare centre, gymnasium, commercial tenancies and basement car parking, at 31-33 Carlisle Street, Ingleburn, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use development – conciliation conference – agreement between the parties – orders Legislation Cited: Campbelltown Local Environmental Plan 2015, cll 5.21, 7.1, 7.13 Environmental Planning and Assessment Act 1979, ss 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline Category: Principal judgment Parties: 3133CSI Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: M Staunton with C Koikas (Applicant) R Coffey (Respondent)