Darren John Finlayson v Bayside Council [2017] NSWLEC 1101

Darren John Finlayson v Bayside Council [2017] NSWLEC 1101

As agreement was reached between the parties that was acceptable and could be made by the Court under s 34(3), the proceedings were disposed of by orders reflecting that agreement, with no merit assessment required.

Jurisdiction
Australia
Judgment Date
01 March 2017
Procedural Posture
Development Application Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld; development application approved; costs ordered.
Legal Topics
['development Application' 'conciliation Conference' 'land Subdivision' 'approval Process']
['planning and Environment'] ['development Application' 'conciliation Conference' 'land Subdivision' 'approval Process']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 ['Whether agreement was reached as to the terms of a decision acceptable to the parties under s 34(3) of the Land and Environment Court Act 1979' 'Whether the Court could have made the decision in the proper exercise of its functions']

Ratio Decidendi

As agreement was reached between the parties that was acceptable and could be made by the Court under s 34(3), the proceedings were disposed of by orders reflecting that agreement, with no merit assessment required.

Court Disposition

Appeal upheld; development application approved; costs ordered.

Orders

  • ['The Applicant is granted leave to amend its application to rely on the plans and documents referred to in condition 1 of Annexure A.' "The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $3,000.00 within 28 days." 'The Appeal is...