Anglican Community Services trading as Anglicare v Cumberland Council [2018] NSWLEC 1577

Anglican Community Services trading as Anglicare v Cumberland Council [2018] NSWLEC 1577

The Court orders were made to give effect to an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, disposing of the proceedings in accordance with the agreement without merit assessment of issues originally in dispute.

Jurisdiction
Australia
Judgment Date
30 October 2018
Procedural Posture
Class 1 / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; orders made by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'orders by Agreement']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'orders by Agreement']

Case Brief

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Procedural Posture

Class 1 / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the parties can reach agreement under s 34(3) of the Land and Environment Court Act 1979 for determination of the development application']

Ratio Decidendi

The Court orders were made to give effect to an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, disposing of the proceedings in accordance with the agreement without merit assessment of issues originally in dispute.

Court Disposition

Appeal upheld; development application approved subject to conditions; orders made by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The applicant is granted leave to amend the development application and rely on specified plans.' 'The Appeal is upheld.' "Development Application No. 2017/564 for the demolition of existing structures and construction of a three storey boarding house over basement parking accommodating 35 single rooms (including...