Baraz Construction Pty Ltd v Strathfield Municipal Council [2016] NSWLEC 1249

Baraz Construction Pty Ltd v Strathfield Municipal Council [2016] NSWLEC 1249

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 by making the final orders.

Jurisdiction
Australia
Judgment Date
16 June 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders' 'residential Flat Building' 'affordable Rental Housing']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders' 'residential Flat Building' 'affordable Rental Housing']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and 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 the 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 by making the final orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The applicant is given leave to amend their development application by substituting the plans and documentation referred to in Condition 1 of Annexure "A" as the plans relied upon for the purposes of the development application.' 'The Appeal is upheld.' 'Development Consent is granted to modify Development...