BR Building Service P/L v Strathfield Council [2020] NSWLEC 1292

BR Building Service P/L v Strathfield Council [2020] NSWLEC 1292

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that approval of the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, with no jurisdictional impediment identified, the proceedings had to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
13 July 2020
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'residential Development Consent' 'amended Plans']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'residential Development Consent' 'amended Plans']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the agreement reached at the conciliation conference was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether development application DA2019/028 should be approved subject to conditions following amended plans.']

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 approval of the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, with no jurisdictional impediment identified, the proceedings had to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 2 in Annexure A.' 'The appeal is upheld.' 'Development application DA2019/028 seeking the demolition of existing buildings and construction of a two-storey dwelling with...