80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust v Georges River Council [2018] NSWLEC 1566

80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust v Georges River Council [2018] NSWLEC 1566

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 allowing the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Class 1 Development Application Appeal Concerning Modification Application Mod2018/0007 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal allowed; modification application MOD2018/0007 approved; Development Consent No 2016/0363 modified subject to consolidated conditions.
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']

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Procedural Posture

Class 1 Development Application Appeal Concerning Modification Application Mod2018/0007 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 allowing the appeal and approving the modification application.

Court Disposition

Appeal allowed; modification application MOD2018/0007 approved; Development Consent No 2016/0363 modified subject to consolidated conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans dated 19 October 2018, copies of which are behind Annexure "A" for the purpose of the development application.' 'The appeal is allowed.' 'Modification application MOD2018/0007 seeking to modify development consent 2016/0363 to add additional bedrooms at...