David Beamond v Randwick City Council [2017] NSWLEC 1419

David Beamond v Randwick City Council [2017] NSWLEC 1419

The Court is required to make final orders to give effect to an agreement reached between the parties at a conciliation conference, provided the decision is one the Court could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
04 August 2017
Procedural Posture
Development Application (class 1) Appeal / Conciliation Conference; Final Orders Made by Consent
Outcome
Appeal upheld. Development consent granted subject to conditions. Costs awarded as specified.
Legal Topics
['conciliation Conference' 'development Consent' 'amendment of Development Application']
['planning and Environment'] ['conciliation Conference' 'development Consent' 'amendment of Development Application']

Case Brief

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Procedural Posture

Development Application (class 1) Appeal / Conciliation Conference; Final Orders Made by Consent

Legal Issues

  1. 1 ['Whether orders should be made to give effect to the agreement reached between the parties at conciliation conference under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court is required to make final orders to give effect to an agreement reached between the parties at a conciliation conference, provided the decision is one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Costs awarded as specified.

Orders

  • ['The Applicant is given leave to amend the development application by substituting revised plans and documentation.' 'The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979...