Cash Warwick Pty Ltd v Georges River Council [2017] NSWLEC 1725

Cash Warwick Pty Ltd v Georges River Council [2017] NSWLEC 1725

The Commissioner was satisfied that an agreement reached under s 34(3) of the Land and Environment Court Act 1979 was one the Court could make, and so made orders giving effect to it.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Development Application Modification (class 1) / Post Conciliation Conference Orders
Outcome
Application determined in accordance with agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'section 34 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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Modification (class 1) / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 should be disposed of by the Court under the statutory scheme']

Ratio Decidendi

The Commissioner was satisfied that an agreement reached under s 34(3) of the Land and Environment Court Act 1979 was one the Court could make, and so made orders giving effect to it.

Court Disposition

Application determined in accordance with agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979

Orders

  • ['The applicant is granted leave to rely on specified amended plans prepared by Dickson Rothschild (Project No 15-084, dated 23 November 2017) as listed in the order.' 'The application to modify Development Consent no. DA99/2016 for the demolition of all dwellings, construction of 1 x 7-storey and 1 x 5-storey...