C & C Investment Trading Pty Ltd v Strathfield Municipal Council [2018] NSWLEC 1399

C & C Investment Trading Pty Ltd v Strathfield Municipal Council [2018] NSWLEC 1399

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 Court was required to dispose of the proceedings in accordance with that agreement, without undertaking a merits assessment of the original dispute.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Class 1 Appeal Against Refusal of an Application to Modify a Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application No 2014/103/2 approved to amend DA No 2014/103 in terms set out in Annexure A.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'class 1 Appeal' 'costs Thrown Away']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'class 1 Appeal' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of an Application to Modify a Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether modification application No 2014/103/2 should be approved to amend DA No 2014/103.']

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 Court was required to dispose of the proceedings in accordance with that agreement, without undertaking a merits assessment of the original dispute.

Court Disposition

Appeal upheld; modification application No 2014/103/2 approved to amend DA No 2014/103 in terms set out in Annexure A.

Orders

  • ['The applicant is granted leave to rely upon the following plans: Drawing 1, Basement Plan, Issue D, dated 27.07.2018; Drawing 2, Ground Floor Plan, Issue D, dated 27.07.2018; Drawing 3, Level 1 Plan, Issue D, dated 27.07.2018; Drawing 4, Level 2 Plan, Issue D, dated 27.07.2018; Drawing 5, Elevations, Issue D,...