Bilal El Samman v Sutherland Shire Council [2017] NSWLEC 1637

Bilal El Samman v Sutherland Shire Council [2017] NSWLEC 1637

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the s95A application.

Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; s95A application approved.
Legal Topics
['conciliation Conference' 'agreement Between Parties' 'deferred Commencement Conditions' 'extension of Time for Development Consent Conditions']
['planning and Environment' 'development Applications'] ['conciliation Conference' 'agreement Between Parties' 'deferred Commencement Conditions' 'extension of Time for Development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders Made by 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 s95A application dated 7 August 2017 seeking a one year extension to 20 January 2019 to satisfy deferred commencement conditions 1–5 for DA 15/0976 should be approved.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the s95A application.

Court Disposition

Appeal upheld; s95A application approved.

Orders

  • ['The appeal is upheld.' 'The s95A application dated 7 August 2017 seeking a one (1) year extension to 20 January 2019 to satisfy the deferred commencement conditions 1 – 5 for DA 15/0976 is approved and the updated conditions of consent are contained at annexure A.']