Smith v Camden Council [2023] NSWLEC 1363

Smith v Camden Council [2023] NSWLEC 1363

Because the parties' agreement to uphold the appeal and modify the Development Control Order was consistent with the Court's powers under s 8.18(4) of the Environmental Planning and Assessment Act 1979 and there were no other jurisdictional considerations, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Class 1 Appeal Against Development Control Order / Orders Following S 34 Conciliation Conference Agreement
Outcome
The appeal is upheld and the Development Control Order is modified in accordance with Annexure A.
Legal Topics
['development Control Order' 'class 1 Appeal' 's 34 Conciliation Conference' 'consent Orders by Agreement']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Control Order' 'class 1 Appeal' 's 34 Conciliation Conference' 'consent Orders by Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Development Control Order / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and modify the Development Control Order was a decision the Court could have made in the proper exercise of its functions." "Whether the proceedings should be disposed of in accordance with the parties' decision under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties' agreement to uphold the appeal and modify the Development Control Order was consistent with the Court's powers under s 8.18(4) of the Environmental Planning and Assessment Act 1979 and there were no other jurisdictional considerations, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Court Disposition

The appeal is upheld and the Development Control Order is modified in accordance with Annexure A.

Orders

  • ['The appeal is upheld.' 'Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order dated 13 April 2023, file reference JESI:PF 2023/55/2, relating to works at Lot 218 DP808605, otherwise known as 5 Upfield Lane, Catherine Field NSW, issued by the Respondent...