Ahmad Corp Pty Ltd v Fairfield City Council [2015] NSWLEC 1450

Ahmad Corp Pty Ltd v Fairfield City Council [2015] NSWLEC 1450

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 the agreed decision by orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'demolition of Existing Building' 'construction of 9 Storey Mixed Residential and Commercial Buildings' 'height, Bulk and Scale' 'amenity' 'parking' 'traffic' 'acoustic Impacts' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'demolition of Existing Building' 'construction of 9 Storey Mixed Residential and Commercial Buildings' 'height, Bulk and Scale' 'amenity' 'parking' 'traffic' 'acoustic Impacts' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement 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." 'The development application concerned demolition of an existing building and construction of 9 storey mixed residential and commercial buildings, with issues including height, bulk/scale, amenity, parking, traffic and acoustic impacts.']

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 the agreed decision by orders giving effect to that agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["Final orders to give effect to the parties' agreement were made on 20 October 2015."]