Attar Constructions Pty Ltd v Campbelltown City Council [2018] NSWLEC 1637

Attar Constructions Pty Ltd v Campbelltown City Council [2018] NSWLEC 1637

The Court, being satisfied of jurisdictional pre-requisites and that the terms are within power, is required by s 34(3)(a) of the Court Act to dispose of the proceedings according to the agreed terms.

Parties
Applicant: Attar Constructions Pty Ltd; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Appeal Development Application (class 1) / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld by consent, development consent granted subject to agreed conditions and costs order made.
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement, Jurisdictional Pre Requisites, Orders by Agreement
Planning and Environment Development Application Conciliation Conference Section 34 Agreement Jurisdictional Pre Requisites Orders by Agreement

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Parties

Attar Constructions Pty Ltd

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Appeal Development Application (class 1) / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether jurisdictional pre-requisites for making orders by agreement are satisfied
  2. 2 Whether the Court can properly dispose of the appeal by consent

Ratio Decidendi

The Court, being satisfied of jurisdictional pre-requisites and that the terms are within power, is required by s 34(3)(a) of the Court Act to dispose of the proceedings according to the agreed terms.

Court Disposition

Appeal upheld by consent, development consent granted subject to agreed conditions and costs order made.

Orders

  • The applicant is granted leave to rely on amended plans (detailed in Condition 1 to Annexure 'A').
  • The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $2,000 within 28 days of the date of these orders.