Bureau SRH Pty Ltd v Waverley Council [2017] NSWLEC 1159

Bureau SRH Pty Ltd v Waverley Council [2017] NSWLEC 1159

Where an agreement between parties is reached under s34(3) of the Land and Environment Court Act 1979, and the Court is satisfied the agreement is one it could have made, the Court must dispose of the proceedings in accordance with that agreement by setting out the terms of the decision in writing.

Jurisdiction
Australia
Judgment Date
27 March 2017
Procedural Posture
Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made.
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['development Application' 'appeal' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether to grant consent to the development application after agreement at conciliation conference' 'Whether the Court can dispose of the proceedings in accordance with the agreement under s34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Where an agreement between parties is reached under s34(3) of the Land and Environment Court Act 1979, and the Court is satisfied the agreement is one it could have made, the Court must dispose of the proceedings in accordance with that agreement by setting out the terms of the decision in writing.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order made.

Orders

  • ["The applicant is granted leave to rely on the amended plans and documents referred to in Condition 1 at 'Annexure A' to this agreement." "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the respondent's costs thrown away in the total amount of $15,000 within 28 days of the date...