Baragroup Pty Ltd v Randwick City Council [2017] NSWLEC 1489

Baragroup Pty Ltd v Randwick City Council [2017] NSWLEC 1489

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, upheld the appeal and granted consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/635/2016 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/635/2016 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

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 consent should be granted to development application DA/635/2016 for demolition of existing structures and construction of a three storey residential flat building comprising 5 dwellings and parking for 5 vehicles at 42 Judge Street, Randwick.']

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, upheld the appeal and granted consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the applicant to rely on the amended plans listed in condition 1 of the conditions attached and marked "A".' "The Applicant to pay the Respondent's costs pursuant to s97B as agreed in the sum of $ 5830.00 by 22 September 2017." 'The appeal is upheld.' 'Consent is granted to the development...