18 Nerigai Place Pty Ltd v Newcastle City Council [2017] NSWLEC 1196

18 Nerigai Place Pty Ltd v Newcastle City Council [2017] NSWLEC 1196

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
21 April 2017
Procedural Posture
Class 1 Development Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; DA/2015/0540 approved subject to conditions of consent.
Legal Topics
['development Appeal' 'development Application Refusal' 'residential Dwellings' 'strata Subdivision' 'tree Removal' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Appeal' 'development Application Refusal' 'residential Dwellings' 'strata Subdivision' 'tree Removal' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No.2015/0540 should be approved subject to conditions of consent.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; DA/2015/0540 approved subject to conditions of consent.

Orders

  • ['The Applicant is granted leave to amend the development application rely upon the plans set out in Condition 1 in Annexure A;' 'The appeal is upheld;' 'DA/2015/0540 for two storey residential dwellings, strata subdivision, tree removal and associated site works at 18 Nerigai Close, Elermore Vale, is approved...