Angas Securities Limited v Penrith City Council [2018] NSWLEC 1396

Angas Securities Limited v Penrith City Council [2018] NSWLEC 1396

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 was therefore required to dispose of the proceedings in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
31 July 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA17/0831 approved subject to conditions; each party to pay its own costs.
Legal Topics
['development Application' 'torrens Title Subdivision' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['planning and Environment Law'] ['development Application' 'torrens Title Subdivision' 'conciliation Conference' 'agreement Between the Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and 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 under s 34(3) of the Land and Environment Court Act 1979."]

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 was therefore required to dispose of the proceedings in accordance with that agreed decision.

Court Disposition

Appeal upheld; Development Application No. DA17/0831 approved subject to conditions; each party to pay its own costs.

Orders

  • ['The Appeal is upheld;' 'Development Application No. DA17/0831, for the Torrens title subdivision of Lot 1 DP 549247, otherwise known as 88-89 Nepean Gorge Drive, Mulgoa, into two allotments is determined by approval subject to conditions as set out in "Annexure A".' 'Each party is to pay its own costs.']