Benjamin Lam v Wollongong City Council [2016] NSWLEC 1592

Benjamin Lam v Wollongong City Council [2016] NSWLEC 1592

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 by making the final orders.

Jurisdiction
Australia
Judgment Date
12 December 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant granted leave to amend the development application; Applicant ordered to pay costs to the Respondent.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Under Section 97 B']
['planning and Environment' 'development Consent'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Under Section 97 B']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference 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 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.' "What orders should be made to give effect to 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 by making the final orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant granted leave to amend the development application; Applicant ordered to pay costs to the Respondent.

Orders

  • ['The Applicant is granted leave to amend the development application and rely upon the plans identified in Annexure A to this agreement.' 'The appeal is upheld.' 'DA-2015/1664 to demolish an existing single storey dwelling and construct a six storey mixed use development at 23 Loftus Street Wollongong is determined...