AMIA Investments Pty Ltd ATF MIAA Trust v Georges River Council [2018] NSWLEC 1041

AMIA Investments Pty Ltd ATF MIAA Trust v Georges River Council [2018] NSWLEC 1041

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 Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application Number DA2017/0105 approved subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had 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 Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application Number DA2017/0105 approved subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the plans referred to in Section A, Condition 1. DEV6.1 of Annexure "A" to this agreement. A copy of those plans are Annexure "B" to this agreement.' 'The Appeal is upheld.' 'Development Application Number DA2017/0105 for the...