Combined Projects (Rockdale) Pty Ltd v Bayside Council [2017] NSWLEC 1330

Combined Projects (Rockdale) Pty Ltd v Bayside Council [2017] NSWLEC 1330

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 agreed decision.

Jurisdiction
Australia
Judgment Date
27 June 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application no. DA-2016/241 approved subject to conditions contained in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders by Consent' 'costs Thrown Away']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders by Consent' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference 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 no. DA-2016/241 should be approved subject to agreed 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 agreed decision.

Court Disposition

Appeal upheld; development application no. DA-2016/241 approved subject to conditions contained in Annexure A.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans referred to in the conditions of consent annexed hereto and marked "Annexure A".' "The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, in an agreed amount of $60,000...