Korn v Bayside Council [2018] NSWLEC 1085

Korn v Bayside Council [2018] NSWLEC 1085

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 substituting Order No. 12 with Order No. 15.

Jurisdiction
Australia
Judgment Date
26 February 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'substitution of Order Under the Environmental Planning and Assessment Act 1979']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'substitution of Order Under the Environmental Planning and Assessment Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders

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 the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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 substituting Order No. 12 with Order No. 15.

Court Disposition

Appeal upheld.

Orders

  • ['The appeal is upheld.' 'Pursuant to section 121ZK(4) of the Environmental Planning and Assessment Act 1979, the Court substitutes the Order No. 12 issued on 27 June 2017 pursuant to section 121B of that Act in relation to 112 Russell Avenue, Dolls Point, with the order No.15 contained at Annexure A.']