Colin de Lore & Associates Pty Limited v Canterbury-Bankstown Council [2016] NSWLEC 1437

Colin de Lore & Associates Pty Limited v Canterbury-Bankstown Council [2016] NSWLEC 1437

The orders were made in accordance with the statutory requirement to give effect to the parties' agreement reached at conciliation under s 34(3) of the Land and Environment Court Act 1979, without merit assessment of disputed issues.

Jurisdiction
Australia
Judgment Date
26 September 2016
Procedural Posture
Development Application Appeal / Final Conciliation Conference Orders
Outcome
Appeal upheld and development application approved subject to conditions and costs order made against Applicant
Legal Topics
['development Application' 'conciliation Conference' 'boarding House' 'cost Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'boarding House' 'cost Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Final Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether to uphold the appeal and approve the development application as amended' 'Whether to make orders pursuant to a conciliation agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The orders were made in accordance with the statutory requirement to give effect to the parties' agreement reached at conciliation under s 34(3) of the Land and Environment Court Act 1979, without merit assessment of disputed issues.

Court Disposition

Appeal upheld and development application approved subject to conditions and costs order made against Applicant

Orders

  • ['The Applicant is given leave to amend the development application by substituting new plans prepared by McCullum Ashby Architects, Revision H, dated 24 August 2016.' 'The Applicant is to pay costs of the Respondent thrown away as a result of amending the development application in the sum of $9,000 within 28...