D. R. Design (NSW) Pty Ltd v Georges River Council [2018] NSWLEC 1054

D. R. Design (NSW) Pty Ltd v Georges River Council [2018] NSWLEC 1054

Proceedings were disposed of in accordance with an agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the agreement was within its powers.

Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the appeal regarding the development application should be upheld following agreement between parties at a conciliation conference']

Ratio Decidendi

Proceedings were disposed of in accordance with an agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the agreement was within its powers.

Court Disposition

Appeal upheld

Orders

  • ['The Appeal is upheld.' "Development Application DA2017/0242 is approved subject to conditions set out in Annexure 'A' and plans at Annexure 'B'." "The applicant is to pay the respondent's costs 'thrown away' in the amount of $4,500 pursuant to section 97B of the Environmental Planning and Assessment Act 1979...