Scagias v Campbelltown City Council [2012] NSWLEC 1018

Land and Environment Court New South Wales

Medium Neutral Citation: Scagias v Campbelltown City Council [2012] NSWLEC 1018 Hearing dates: 31 January 2012 Decision date: 31 January 2012 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is upheld. (2)Development Application No 1416/2011/DA - C for the construction of a single storey commercial building and associated car parking on the land known as Lot 6 SEC 4 DP 2913, 34 Carlisle Street, Ingleburn is approved subject to the conditions in Annexure "A". (3)Exhibits may be returned except 3, Tab 8 (Exhibit 2), A and B. Catchwords: Consent orders; condition of consent relating to the dedication of road widening. Legislation Cited: Environmental Planning and Assessment Act 1979 Campbelltown (Urban Area) Local Environmental Plan 2002 Cases Cited: Skagias & Anor v Campbelltown City Council [2010] NSWLEC 1187 Category: Principal judgment Parties: Mr Nick Skagias (Applicant)

Campbelltown City Council (Respondent) Representation: Mr P Jackson (Applicant)

Mr A Seton (Respondent) File Number(s): 10985 of 2011

Judgment

Background 1This appeal was lodged against conditions of consent imposed on a development for the construction of a single storey commercial building and car parking for 19 vehicles at 34 Carlisle St, Ingleburn. The applicant's main contention in the appeal concerns Condition 55, which states: "Prior to the principal certifying authority issuing an occupation certificate, the land required for road widening shown on the approved plan shall be dedicated to Council". 2During the lead in to the appeal, further conferencing between the parties has resulted in an agreement to consent orders, which provides for Condition 55 to be deleted.