Cale v City of Parramatta Council [2018] NSWLEC 1361

Cale v City of Parramatta Council [2018] NSWLEC 1361

An agreement having been reached between the parties at or after a conciliation conference, and the Commissioner being satisfied as required by statute, the Court is required to give effect to the agreement under s 34(3) of the Land and Environment Court Act 1979, without merit assessment.

Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders Made
Outcome
Appeal upheld; Development Application approved subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders Made

Legal Issues

  1. 1 ['Whether to approve Development Application DA/610/2017 for demolition and construction of dual occupancy with subdivision at 51 Boronia Avenue, Epping, NSW, pursuant to agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

An agreement having been reached between the parties at or after a conciliation conference, and the Commissioner being satisfied as required by statute, the Court is required to give effect to the agreement under s 34(3) of the Land and Environment Court Act 1979, without merit assessment.

Court Disposition

Appeal upheld; Development Application approved subject to conditions

Orders

  • ['The applicant is granted leave to rely on the amended stormwater and landscape plans referenced in Condition 1 of Annexure "A".' 'The Appeal is upheld.' 'Development Application DA/610/2017 for the demolition of all structures and construction of a two storey attached dual occupancy development with Torrens title...