The Arraj Group Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1236

The Arraj Group Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1236

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Assistant Registrar was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by orders upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
28 May 2018
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 application DA-556/2016 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']

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 1 Amounts and remedies 1
Sign in to unlock

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 agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions.' 'Whether final orders should be made to amend and approve Development application DA-556/2016 subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Assistant Registrar was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by orders upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; Development application DA-556/2016 approved subject to conditions.

Orders

  • ['The Applicants are granted leave to amend Development application DA-556/2016 to rely on the amended plans and Statement of Environmental Effects set out in Annexure A.' 'The appeal is upheld.' 'Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicants are to pay the costs of...