Chandos Group Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1479

Chandos Group Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1479

Where parties reach agreement at or after conciliation conference under s 34(3) of the Land and Environment Court Act 1979 and the Court is satisfied the decision is one it could have made, the Court must make orders giving effect to that agreement without making any merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to amended conditions; costs ordered as per agreement.
Legal Topics
['development Application' 'conciliation Conference' 'court Orders Under Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Orders Under Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether to give effect to an agreement reached under s 34(3) of the Land and Environment Court Act 1979 after conciliation conference' 'Whether amended plans and documents should be relied upon' 'Liability for costs thrown away as a result of amendment']

Ratio Decidendi

Where parties reach agreement at or after conciliation conference under s 34(3) of the Land and Environment Court Act 1979 and the Court is satisfied the decision is one it could have made, the Court must make orders giving effect to that agreement without making any merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; development consent granted subject to amended conditions; costs ordered as per agreement.

Orders

  • ['The applicant is granted leave to rely on the amended plans and documents as referred to in condition 1 of the conditions of consent contained at Annexure "A".' "Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay respondent's costs, as agreed or assessed, that have...