Atelier One Pty Ltd v City of Ryde Council [2016] NSWLEC 1446

Atelier One Pty Ltd v City of Ryde Council [2016] NSWLEC 1446

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; accordingly, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
06 September 2016
Procedural Posture
Class 1 Modification Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved in accordance with Annexure A, with Development Consent No. LDA 2013/0260 subject to the consolidated, modified conditions in Annexure B.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'residential Flat Building' 'amenity' 'visual and Acoustic Privacy']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'residential Flat Building' 'amenity' 'visual and Acoustic Privacy']

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Procedural Posture

Class 1 Modification 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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; accordingly, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; modification application approved in accordance with Annexure A, with Development Consent No. LDA 2013/0260 subject to the consolidated, modified conditions in Annexure B.

Orders

  • ['The appeal is upheld.' 'Modification application No. MOD2016/0031 lodged with the Respondent on 25 February 2016 to modify Development Consent No. LDA 2013/0260 granted by the Respondent on 26 June 2014 for the demolition of all buildings, construction of 5 residential flat buildings comprising 179 dwelling and...