Bligh Street Pty Ltd v Blacktown City Council [2017] NSWLEC 1700

Bligh Street Pty Ltd v Blacktown City Council [2017] NSWLEC 1700

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, granting leave to amend the development application, granting development consent subject to conditions, and ordering agreed costs thrown away.

Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld; leave to amend the development application is granted; development consent is granted subject to conditions; the applicant is to pay the respondent's costs thrown away agreed in the sum of $4000.00.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Court could have made the agreed decision 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 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, granting leave to amend the development application, granting development consent subject to conditions, and ordering agreed costs thrown away.

Court Disposition

The appeal is upheld; leave to amend the development application is granted; development consent is granted subject to conditions; the applicant is to pay the respondent's costs thrown away agreed in the sum of $4000.00.

Orders

  • ['The appeal is upheld.' 'The applicant is granted leave to amend the development application by relying on the plans listed in conditions 2.1.1 and 2.1.2 of annexure "A" and by including in the application part of Lot 201 in DP 1007.' 'Development consent is granted to Development Application No. 16-05275 for the...