Australian Development Investments Holdings Pty Ltd ACN 605 033 074 v Blacktown City Council [2016] NSWLEC 1567

Australian Development Investments Holdings Pty Ltd ACN 605 033 074 v Blacktown City Council [2016] NSWLEC 1567

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision and made orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
10 November 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application DA15/02765 is determined by the granting of consent subject to the conditions in Annexure "A".
Legal Topics
['development Application' 'subdivision' 'infrastructure' 'stormwater Design' 'landscaping/public Domain' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment' 'development Consent'] ['development Application' 'subdivision' 'infrastructure' 'stormwater Design' 'landscaping/public Domain' 'conciliation Conference' 'agreement Between the Parties']

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

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

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision and made orders giving effect to the agreement.

Court Disposition

The appeal is upheld and Development Application DA15/02765 is determined by the granting of consent subject to the conditions in Annexure "A".

Orders

  • ['The applicant is granted leave to rely on amended plans prepared by Wood & Grieve Engineers dated 11 October 2016: General Arrangement Plan (number C-101 Revision 10); Stormwater Drainage Plans (numbers C-201 to C-208 Revision 06); Stormwater Drainage Standard Details (number C-211 Revision 05); Stormwater...