Chuggers Pty Ltd v Waverley Council [2017] NSWLEC 1360

Chuggers Pty Ltd v Waverley Council [2017] NSWLEC 1360

The presiding Commissioner was satisfied that the decision agreed by the parties under s 34(3) of the Land and Environment Court Act 1979 was one the Court could have made in the proper exercise of its functions, so the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
07 July 2017
Procedural Posture
Class 1 Proceedings Concerning a Development Application / At or After a Conciliation Conference, the Parties Reached an Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; Applicant to pay Respondent's agreed costs thrown away.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Proceedings Concerning a Development Application / At or After a Conciliation Conference, the Parties Reached an Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court" 'Whether leave should be granted for the Applicant to amend its development application' 'Whether Development Application No. DA 152/2016 should be approved subject to conditions']

Ratio Decidendi

The presiding Commissioner was satisfied that the decision agreed by the parties under s 34(3) of the Land and Environment Court Act 1979 was one the Court could have made in the proper exercise of its functions, so the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; Applicant to pay Respondent's agreed costs thrown away.

Orders

  • ['Leave is granted for the Applicant to amend its development application to seek development consent for use of the premises only and not for the carrying out of any physical works and to rely upon the amended Architectural Plan known as Project No. 1531 and Sheet 1 (Revision E) prepared by Daniel Chapman, dated 10...