Sun v Georges River Council [2018] NSWLEC 1271

Sun v Georges River Council [2018] NSWLEC 1271

As an agreement was reached between the parties under s34(3) of the Land and Environment Court Act 1979 and the Court was satisfied it could have made such a decision, the Court was required to dispose of the proceedings accordingly, approve the development application, and make an order for costs.

Jurisdiction
Australia
Judgment Date
04 June 2018
Procedural Posture
Conciliation Conference / Final Orders After Agreement
Outcome
Application upheld; development application approved; costs awarded to respondent.
Legal Topics
['development Application' 'conciliation Conference' 'costs']
['planning and Environment'] ['development Application' 'conciliation Conference' 'costs']

Case Brief

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Procedural Posture

Conciliation Conference / Final Orders After Agreement

Legal Issues

  1. 1 ['Whether an agreement under s34(3) of the Land and Environment Court Act 1979 was reached and could be disposed of by the Court' 'Approval of development application DA263/2016' 'Costs payable pursuant to s8.15 Environmental Planning and Assessment Act 1979']

Ratio Decidendi

As an agreement was reached between the parties under s34(3) of the Land and Environment Court Act 1979 and the Court was satisfied it could have made such a decision, the Court was required to dispose of the proceedings accordingly, approve the development application, and make an order for costs.

Court Disposition

Application upheld; development application approved; costs awarded to respondent.

Orders

  • ['The application is upheld.' "Development application DA263/2016 is approved in accordance with the conditions set out in Annexure 'A' and plans at Annexure 'B'." "The applicant is to pay the respondent's costs thrown away in the sum of $4,000.00 within 28 days of these orders."]