18 Falcon Street Pty Ltd v Shellharbour City Council [2017] NSWLEC 1281

18 Falcon Street Pty Ltd v Shellharbour City Council [2017] NSWLEC 1281

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with that agreement by upholding the appeal and granting consent to the development application.

Jurisdiction
Australia
Judgment Date
05 June 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. Da0252/2016 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to development application no. DA0252/2016.
Legal Topics
['development Application' 'multi Dwelling Housing Development' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing Development' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. Da0252/2016 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether consent should be granted to development application no. DA0252/2016 for construction of a multi dwelling housing development.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with that agreement by upholding the appeal and granting consent to the development application.

Court Disposition

Appeal upheld; development consent granted to development application no. DA0252/2016.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure "A".' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away as a result of the amendments,...