Cash Warwick Pty Ltd v Georges River Council [2017] NSWLEC 1181

Cash Warwick Pty Ltd v Georges River Council [2017] NSWLEC 1181

The appeal was disposed of in accordance with agreement between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the agreed decision was one the Court could have properly made.

Jurisdiction
Australia
Judgment Date
06 April 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Applications' 'conciliation Conference' 'agreed Orders']
['planning and Environment Law'] ['development Applications' 'conciliation Conference' 'agreed Orders']

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

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the parties could reach an agreement as to the terms of a decision under s 34(3) of the Land and Environment Court Act 1979' 'Whether the proposed decision is one that the Court could have made in the proper exercise of its functions']

Ratio Decidendi

The appeal was disposed of in accordance with agreement between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the agreed decision was one the Court could have properly made.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['Applicant granted leave to rely on the specified amended architectural and landscape plans.' 'Applicant to pay those costs of the respondent thrown away as a result of amending the development application, as agreed or assessed.' 'The appeal is upheld.' 'Development Application DA99/2016 determined by granting...