A1 Green Garden Pty Ltd v Parramatta City Council [2018] NSWLEC 1561

A1 Green Garden Pty Ltd v Parramatta City Council [2018] NSWLEC 1561

The Court's jurisdiction under s 34(3) of the Land and Environment Court Act 1979 allows it to make orders disposing of a development appeal when the parties reach an agreed decision during a conciliation conference and the Court is satisfied that the decision is lawful and appropriate.

Parties
Applicant: A1 Green Garden Pty Ltd; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference; Final Orders Made by Consent
Outcome
Development appeal upheld; development consent granted subject to conditions by agreement of the parties; Applicant to pay certain costs.
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

A1 Green Garden Pty Ltd

Applicant

Parramatta City Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference; Final Orders Made by Consent

Legal Issues

  1. 1 Whether the parties can agree on the terms of a decision under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court should make consent orders reflecting the agreed terms

Ratio Decidendi

The Court's jurisdiction under s 34(3) of the Land and Environment Court Act 1979 allows it to make orders disposing of a development appeal when the parties reach an agreed decision during a conciliation conference and the Court is satisfied that the decision is lawful and appropriate.

Court Disposition

Development appeal upheld; development consent granted subject to conditions by agreement of the parties; Applicant to pay certain costs.

Orders

  • The Applicant is given leave to amend the development application and rely on specified amended plans and supporting documents.
  • The Applicant to pay the Respondent's costs thrown away due to the amended development application pursuant to s. 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed.