Canberra Estates Consortium No 42 Pty Ltd v Rockdale City Council [2016] NSWLEC 1243

Canberra Estates Consortium No 42 Pty Ltd v Rockdale City Council [2016] NSWLEC 1243

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that decision, resulting in the appeal being upheld and development consent being granted subject to conditions.

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted for DA 2015/421 subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'consent Orders' 'residential Flat Building']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'consent Orders' 'residential Flat Building']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether the proceedings should be disposed of in accordance with the agreed decision.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that decision, resulting in the appeal being upheld and development consent being granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted for DA 2015/421 subject to conditions.

Orders

  • ['The appeal is upheld.' 'Consent for DA 2015/421 for the erection of a residential flat building including 149 residential units and 2 levels of basement car parking and embellishment of community park for the Bonner Street, is granted, in accordance with the conditions of consent annexed hereto and marked "A".'...