Bayswater Car Rental Pty Ltd v Bayside Council [2018] NSWLEC 1574

Bayswater Car Rental Pty Ltd v Bayside Council [2018] NSWLEC 1574

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied that the agreed orders could have been made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreement without a determination of the merits.

Parties
Applicant: Bayswater Car Rental Pty Ltd; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
05 November 2018
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal allowed; development application approved subject to conditions; costs ordered against applicant
Legal Topics
Development Applications, Conciliation Conferences, Agreement Under S 34(3) Land and Environment Court Act 1979
Planning Law Environmental Law Development Applications Conciliation Conferences Agreement Under S 34(3) Land and Environment Court Act 1979

Case Brief

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Parties

Bayswater Car Rental Pty Ltd

Applicant

Bayside Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the parties have reached an agreement under s 34(3) of the Land and Environment Court Act 1979 capable of disposal of proceedings
  2. 2 Whether the decision is one that the Court could have made in the proper exercise of its functions

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied that the agreed orders could have been made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreement without a determination of the merits.

Court Disposition

Appeal allowed; development application approved subject to conditions; costs ordered against applicant

Orders

  • The Applicant is granted leave to rely on the amended plans dated 3 October 2018, copies of which are behind Annexure 'A' for the purpose of the development application.
  • The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $9,000.00 within 28 days.