Cliff Rd Developments Pty Ltd v City of Parramatta Council [2018] NSWLEC 1290

Cliff Rd Developments Pty Ltd v City of Parramatta Council [2018] NSWLEC 1290

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 proceedings were required to be disposed of in accordance with that agreement; the appeal was upheld and the amended development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
15 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/1127/2016 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away' 'residential Flat Building Development']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away' 'residential Flat Building Development']

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 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 Application DA/1127/2016 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 proceedings were required to be disposed of in accordance with that agreement; the appeal was upheld and the amended development application was approved subject to conditions.

Court Disposition

Appeal upheld; Development Application DA/1127/2016 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application DA/1127/2016 by substituting the listed plans and documentation as the plans and documentation relied upon for the purpose of the development application.' 'Pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979, the Applicant...