Balintore Developments Pty Ltd v Canterbury Bankstown Council [2018] NSWLEC 1083

Balintore Developments Pty Ltd v Canterbury Bankstown Council [2018] NSWLEC 1083

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 proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted to Modification application no.239/2015/A subject to conditions of consent in Annexure B.
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld and development consent granted to Modification application no.239/2015/A subject to conditions of consent in Annexure B.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans set out in Annexure A.' 'The appeal is upheld.' 'Development consent is granted to Modification application no.239/2015/A, which seeks to adjust the eastern boundary of the site, and modify the stormwater disposal system and landscaping, subject to the...