CPG Projects Pty Ltd v City of Parramatta Council [2018] NSWLEC 1242

CPG Projects Pty Ltd v City of Parramatta Council [2018] NSWLEC 1242

Where parties reach agreement at or after conciliation conference and the Commissioner is satisfied the decision could be made by the Court, the Court must dispose of the proceedings in accordance with that agreement and set out in writing the terms of the decision, without making any further merit assessment.

Parties
Applicant: CPG Projects Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Class 1 Modification Application / Final Conciliation Orders After Agreement at Conciliation Conference
Outcome
Appeal upheld and modification application approved subject to conditions in annexure; applicant to pay respondent's costs thrown away by amendment.
Legal Topics
Modification Application, Conciliation Conference, Agreement Between Parties, Development Consent, Costs
Planning and Environment Modification Application Conciliation Conference Agreement Between Parties Development Consent Costs

Case Brief

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Parties

CPG Projects Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Class 1 Modification Application / Final Conciliation Orders After Agreement at Conciliation Conference

Legal Issues

  1. 1 Whether to dispose of proceedings in accordance with agreement reached under s 34(3) of the Land and Environment Court Act 1979 between parties regarding modification application for development consent.

Ratio Decidendi

Where parties reach agreement at or after conciliation conference and the Commissioner is satisfied the decision could be made by the Court, the Court must dispose of the proceedings in accordance with that agreement and set out in writing the terms of the decision, without making any further merit assessment.

Court Disposition

Appeal upheld and modification application approved subject to conditions in annexure; applicant to pay respondent's costs thrown away by amendment.

Orders

  • The applicant is granted leave to amend the development application and rely upon the plans referred to in Condition 1 of Annexure "A".
  • The Appeal is upheld.