Coonong Constructions Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1478

Coonong Constructions Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1478

Since the parties reached an agreement at conciliation, and the court was satisfied that the agreed decision was one it could have properly made, the court was required by s 34(3) of the Land and Environment Court Act 1979 to make orders disposing of the proceedings accordingly.

Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Development Application Appeal / Conciliation Conference and Consent Orders
Outcome
Appeal upheld and development application approved subject to conditions by consent.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Consent Orders

Legal Issues

  1. 1 ['Whether agreement reached at conciliation conference can be disposed of by consent orders under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

Since the parties reached an agreement at conciliation, and the court was satisfied that the agreed decision was one it could have properly made, the court was required by s 34(3) of the Land and Environment Court Act 1979 to make orders disposing of the proceedings accordingly.

Court Disposition

Appeal upheld and development application approved subject to conditions by consent.

Orders

  • ["Applicant granted leave to amend the development application to rely upon the plans referred to in Condition 1 of Annexure 'A'" "Applicant to pay the Council's costs thrown away as a result of amending the application, as agreed or assessed" 'The appeal is upheld' "Development Application 17/0278 for demolition of...