Aoun v Canterbury-Bankstown Council [2018] NSWLEC 1070

Aoun v Canterbury-Bankstown Council [2018] NSWLEC 1070

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.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended Development Application No. DA-505/2016 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'mixed Use Development' 'consent Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'mixed Use Development' 'consent Orders' 'costs']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court could give effect to the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. DA-505/2016 should be amended and approved 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.

Court Disposition

Appeal upheld; amended Development Application No. DA-505/2016 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA-505/2016 and to rely upon the amended plans and documents identified in the orders.' "The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The...