Benmill Pty Ltd v City of Sydney Council [2018] NSWLEC 1405

Benmill Pty Ltd v City of Sydney Council [2018] NSWLEC 1405

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the 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 and make the agreed orders.

Jurisdiction
Australia
Judgment Date
02 August 2018
Procedural Posture
Class 1 Development Application Proceedings / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Application upheld; development consent modified in accordance with the Conditions of Consent in Annexure "A".
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Class 1 Proceedings']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Class 1 Proceedings']

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Procedural Posture

Class 1 Development Application Proceedings / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the 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 and make the agreed orders.

Court Disposition

Application upheld; development consent modified in accordance with the Conditions of Consent in Annexure "A".

Orders

  • ['The application is upheld.' 'Pursuant to s4.55(8) of the Environmental Planning and Assessment Act 1979, the development consent granted by the Court in proceedings 2016/359097 for construction of a two storey addition and adaptive reuse of a warehouse to accommodate three commercial premises on the ground floor...