Architecture Design Studio Pty Ltd v City of Parramatta Council [2017] NSWLEC 1237

Architecture Design Studio Pty Ltd v City of Parramatta Council [2017] NSWLEC 1237

Once satisfied that an agreement reached between the parties after a conciliation conference was a decision the Court could have made, the Commissioner was required to dispose of the proceedings according to that agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Architecture Design Studio Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Development Application Appeal / Conciliation Conference; Disposition by Agreement Under S 34(3)
Outcome
Appeal upheld by agreement; development application approved subject to conditions; costs awarded to the Respondent
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement
Environmental Law Planning Law Development Application Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Architecture Design Studio Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference; Disposition by Agreement Under S 34(3)

Legal Issues

  1. 1 Whether agreement between parties at conciliation conference can be disposed under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Approval of development application subject to conditions

Ratio Decidendi

Once satisfied that an agreement reached between the parties after a conciliation conference was a decision the Court could have made, the Commissioner was required to dispose of the proceedings according to that agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld by agreement; development application approved subject to conditions; costs awarded to the Respondent

Orders

  • The Applicant is granted leave to rely on amended plans and documents as referred to in the conditions of consent contained in Annexure "A".
  • In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as agreed or assessed.