Adgemis Holdings Pty Ltd v Georges River Council [2016] NSWLEC 1356

Adgemis Holdings Pty Ltd v Georges River Council [2016] NSWLEC 1356

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; accordingly, the proceedings had to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
22 August 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No DA2015/0413 approved subject to conditions and plans.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3)' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3)' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

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; accordingly, the proceedings had to be disposed of in accordance with that decision.

Court Disposition

Appeal upheld; Development Application No DA2015/0413 approved subject to conditions and plans.

Orders

  • ['The appeal is upheld.' "Development Application No DA2015/0413 lodged 16 November 2015 for demolition of existing buildings and erection of a 3 storey building comprising of a childcare centre, 2 levels of residential apartments including 2 levels of basement parking is approved subject to the conditions contained...