Bando Development Pty Ltd v Cumberland Council [2017] NSWLEC 1677

Bando Development Pty Ltd v Cumberland Council [2017] NSWLEC 1677

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application Number DA 2015/556 should be approved subject to conditions.']

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 2 of Annexure "A".' 'The Appeal is upheld.' 'Development Application Number DA 2015/556 for the demolition of existing structures and construction of a multi-dwelling housing development comprising 27...