Brendico Pty Ltd v Waverley Council [2016] NSWLEC 1467

Brendico Pty Ltd v Waverley Council [2016] NSWLEC 1467

The Court, having determined the agreement between the parties was one that could have been made in accordance with the Court's proper functions under s 34(3) of the Land and Environment Court Act 1979, made orders to give effect to that agreement and disposed of the proceedings accordingly.

Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered to be paid by applicant
Legal Topics
['development Application' 'conciliation Conference' 'court Approved Settlement']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'court Approved Settlement']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether an agreement reached under s 34(3) of the Land and Environment Court Act 1979 can be disposed of by the Court' 'Whether the development application should be approved as per the agreed terms']

Ratio Decidendi

The Court, having determined the agreement between the parties was one that could have been made in accordance with the Court's proper functions under s 34(3) of the Land and Environment Court Act 1979, made orders to give effect to that agreement and disposed of the proceedings accordingly.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered to be paid by applicant

Orders

  • ['The applicant is granted leave to rely on the specified amended plans.' "The applicant is to pay the respondent's costs thrown away for the purpose of section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'The appeal is upheld.' "Development Application No. DA-458/2015 for...