Koukoutas v Canterbury Bankstown Council [2016] NSWLEC 1633

Koukoutas v Canterbury Bankstown Council [2016] NSWLEC 1633

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the Court therefore disposed of the proceedings in accordance with that agreement by making the final orders.

Jurisdiction
Australia
Judgment Date
23 December 2016
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 consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']

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 Court should dispose of the proceedings in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Applicant should be given leave to amend the development application and whether development consent should be granted subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the Court therefore disposed of the proceedings in accordance with that agreement by making the final orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the listed plans and documentation as the plans and documentation relied upon for the purpose of the development application.' 'The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development...