Zubani v Mosman Council & anor [2016] NSWLEC 1341

Zubani v Mosman Council & anor [2016] NSWLEC 1341

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the agreed decision and make orders giving effect to it.

Jurisdiction
Australia
Judgment Date
15 August 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and consent was granted to development application No. 8.2015.12.1 subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs Under S.97 B Environmental Planning and Assessment Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs Under S.97 B Environmental Planning and Assessment Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the agreed decision and make orders giving effect to it.

Court Disposition

The appeal was upheld and consent was granted to development application No. 8.2015.12.1 subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans listed in the judgment, prepared by Hart Design and Peta Gilliland Landscape Design.' "The Applicant shall pay the First Respondent's costs pursuant to s.97B Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is...