86 Dunning Avenue Pty Ltd v North Sydney Council [2018] NSWLEC 1347

86 Dunning Avenue Pty Ltd v North Sydney Council [2018] NSWLEC 1347

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 required to be disposed of in accordance with that agreement; the appeal was upheld and the development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions of consent in Annexure A.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'costs']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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 a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether development application no. DA 413/16 should be approved subject to agreed 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 required to be disposed of in accordance with that agreement; the appeal was upheld and the development application approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent in Annexure A.

Orders

  • ["The Applicant is granted leave to rely on the amended plans and documents that are identified in condition A1 in Annexure 'A'." "The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 agreed in the sum of $23,818.00 within 28 days of the date of...