Bondi Pacific Pty Ltd v Waverley Council [2016] NSWLEC 1402

Bondi Pacific Pty Ltd v Waverley Council [2016] NSWLEC 1402

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 therefore required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
01 September 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA413.2015 approved subject to conditions of development consent.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by 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.' 'Whether the proceedings should be disposed of in accordance with the agreed decision.']

Ratio Decidendi

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 therefore required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. DA413.2015 approved subject to conditions of development consent.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and updated acoustic report referred to in condition 1 of Appendix B set out in annexure B.' 'The applicant is to pay those costs of the respondent thrown away as a result of the applicant relying upon the amended development application as a result of...