Lam v Strathfield Council [2016] NSWLEC 1509

Lam v Strathfield Council [2016] NSWLEC 1509

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 was required to dispose of the proceedings in accordance with that agreement, uphold the appeal and approve the modifications to the development consent.

Jurisdiction
Australia
Judgment Date
01 November 2016
Procedural Posture
Class 1 Modification Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and the section 96(2) modification application was approved in accordance with the parties' agreement.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Modification 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 could be given effect as a decision of the Court." "Whether the application under section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. DA2013/198 should be approved in accordance with the parties' agreement."]

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 was required to dispose of the proceedings in accordance with that agreement, uphold the appeal and approve the modifications to the development consent.

Court Disposition

The appeal was upheld and the section 96(2) modification application was approved in accordance with the parties' agreement.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the specified plans and documentation as the plans and documentation relied upon for the purpose of the development application.' 'The appeal is upheld.' 'The application made pursuant to section 96(2) of the Environmental Planning...