Cairich Property Development Pty Ltd v Strathfield Council [2018] NSWLEC 1080

Cairich Property Development Pty Ltd v Strathfield Council [2018] NSWLEC 1080

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision reached between the parties was one it could properly make, gave effect to the agreement and made final orders without a merit assessment of the original dispute.

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Development Application Appeal / Post Conciliation Decision
Outcome
Appeal upheld and development consent modified in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'modification of Consent' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'modification of Consent' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Decision

Legal Issues

  1. 1 ['Whether agreement reached between parties under s 34(3) of the Land and Environment Court Act 1979 can be disposed in accordance with the Act' 'Whether the Court could make the agreed decision in the proper exercise of its functions']

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision reached between the parties was one it could properly make, gave effect to the agreement and made final orders without a merit assessment of the original dispute.

Court Disposition

Appeal upheld and development consent modified in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Approval is given to the modification of the development consent DA2016/195 for the demolition of existing structures and construction of a boarding house containing 52 rooms over one level of basement parking at 10 Homebush Road, Strathfield, Lot 10 in DP 2461 by the deletion of Condition DACC050 and the...