Castana Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1263

Castana Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1263

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner 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 upholding the appeal and approving the development application subject to conditions and Annexure A.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Class 1 Development Application Appeal Against Deemed Refusal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application DA 20/2017 approved subject to conditions and Annexure A.
Legal Topics
['demolition of Existing Structures' 'five Storey Shop Top Housing Development' 'deemed Refusal' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['demolition of Existing Structures' 'five Storey Shop Top Housing Development' 'deemed Refusal' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development application DA 20/2017 should be approved subject to conditions and Annexure A.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner 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 upholding the appeal and approving the development application subject to conditions and Annexure A.

Court Disposition

Appeal upheld; development application DA 20/2017 approved subject to conditions and Annexure A.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 8 of Annexure A to this agreement.' "The applicant is to pay the respondent's costs thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $8,000 upon agreement."...