CC United Developments Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1389

CC United Developments Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1389

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 Court was required to dispose of the proceedings in accordance with the agreement and made orders giving effect to it.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; deferred commencement consent granted subject to conditions.
Legal Topics
['development Application' 'shop Top Housing' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Consent' 'clause 4.6 Height Variation']
['planning and Environment Law'] ['development Application' 'shop Top Housing' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Consent' 'clause 4.6 Height Variation']

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 / Conciliation Conference; Final Orders by 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 the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

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 Court was required to dispose of the proceedings in accordance with the agreement and made orders giving effect to it.

Court Disposition

Appeal upheld; deferred commencement consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended material listed in the orders, including amended architectural drawings, landscape plans, an updated cl.4.6 written request dated July 2017 and BASIX Certificate No. 620407M_02.' "The Applicant's cl.4.6 written request to vary the height limit is upheld."...