Bina Pty Ltd v City of Parramatta Council [2017] NSWLEC 1635

Bina Pty Ltd v City of Parramatta Council [2017] NSWLEC 1635

Agreement reached at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is binding and, if acceptable to the Court, must be given effect via written orders setting out the terms of the decision; no merits assessment required beyond satisfying the statutory test.

Parties
Applicant: Bina Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development consent granted subject to annexed conditions
Legal Topics
Development Application, Conciliation Conference, Development Standard Contravention, Height Requirements
Planning and Environment Development Application Conciliation Conference Development Standard Contravention Height Requirements

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Parties

Bina Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the development application should be approved under the terms agreed at conciliation conference
  2. 2 Whether contravention of development standard for height is permissible under Parramatta Local Environmental Plan 2011

Ratio Decidendi

Agreement reached at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is binding and, if acceptable to the Court, must be given effect via written orders setting out the terms of the decision; no merits assessment required beyond satisfying the statutory test.

Court Disposition

Appeal upheld; development consent granted subject to annexed conditions

Orders

  • Applicant given leave to amend the development application by substituting specified plans and documentation
  • Applicant to pay Respondent's costs thrown away as a result of amending the development application as agreed or assessed