Chapman Planning Pty Ltd v Willoughby City Council [2017] NSWLEC 1487

Chapman Planning Pty Ltd v Willoughby City Council [2017] NSWLEC 1487

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 that agreement and made orders granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to DA-2016/354 subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'child Care Centre']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'child Care Centre']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Between the Parties 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 consent should be granted to DA-2016/354 for alterations and additions and use of the building at 73 Reserve Road, Artarmon for the purpose of a child care centre subject to conditions.']

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 that agreement and made orders granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA-2016/354 subject to conditions.

Orders

  • ['The appeal is upheld.' 'That development consent is granted to DA-2016/354 to carry out alterations and additions and use the building at 73 Reserve Road, Artarmon for the purpose of a child care centre subject to the conditions at Annexure "A".']