BELLONA PROPERTY GROUP PTY. LTD. v SUTHERLAND SHIRE COUNCIL [2018] NSWLEC 1023

BELLONA PROPERTY GROUP PTY. LTD. v SUTHERLAND SHIRE COUNCIL [2018] NSWLEC 1023

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.

Jurisdiction
Australia
Judgment Date
22 January 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant granted leave to amend the development application and ordered to pay costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court"]

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.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant granted leave to amend the development application and ordered to pay costs thrown away.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A".' 'The Appeal is upheld.' 'Development Application No. 17/0326 demolition if existing dwelling and construction of 4 townhouses and 4 swimming pools is approved subject to...