Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of DA-1123/2021 for construction of a two storey mixed use building comprising a supermarket, retail/business premises, potential child care centre and three level car park at 1370 Camden Valley Way in Leppington (Part Lot E in DP 28997). The development is also known as the East Leppington Neighbourhood Centre.

2. Initially listed for a hearing on 29-30 April 2025, on the request of the parties the Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) on 30 April 2025. I presided over the conciliation conference.

3. As part of the conciliation conference process the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable. This decision involved the Court upholding the appeal for the amended DA and granting development consent subject to conditions of consent under s 4.16 of the EPA Act.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. I note that as part of the s 34 agreement, the parties have submitted a jurisdictional statement setting out how the proposal has satisfied the jurisdictional requirements and other matters.

Jurisdictional Prerequisites

5. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties identified the jurisdictional prerequisites of relevance in these proceedings and explained how the jurisdictional prerequisites have been satisfied. I am satisfied that the parties' decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act, set out below.

6. The DA was lodged to the Respondent on 27 September 2021 pursuant to s 3.38 of the EPA Act (concurrently lodged with a planning proposal). I am satisfied that owners consent accompanied the DA as provided in the class 1 application. The Respondent notified the DA from 27 April 2022 to 25 May 2022. Two submissions of support were received and have been considered by the parties.

7. The proposed development is Integrated Development pursuant to the Water Management Act 2000. General Terms of Approval have been received from the Department of Planning and Environment - Water which have been included in Annexure A.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196b2bc775b426e9da8d4f40)

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