Doumanis v Randwick City Council [2018] NSWLEC 1267

Doumanis v Randwick City Council [2018] NSWLEC 1267

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied 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 without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 92/2017 approved subject to conditions; applicants ordered to pay the respondent's section 8.15(3) costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'boarding House' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'boarding House' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 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 without a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; Development Application DA 92/2017 approved subject to conditions; applicants ordered to pay the respondent's section 8.15(3) costs.

Orders

  • ['The applicants are granted leave to rely on amended plans by Katris Architects Pty Limited: Proposed ground floor plan/site plan, Job 1366-16 Drawing no G102 issue G dated 22/5/2018; Proposed level 1 and Roof, Job 1366-16 Drawing no G103 issue G dated 22/5/2018; Proposed elevations and Section, Job 1366-16 Drawing...