Powani v Lake Macquarie City Council [2017] NSWLEC 1695

Powani v Lake Macquarie City Council [2017] NSWLEC 1695

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 proceedings were therefore disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 December 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/1675/2016 / Final Orders Following Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's agreed costs of $5,000.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing' 'lot Consolidation' 'strata Subdivision' 'conciliation Conference' 'section 34 Agreement']
['planning and Environmental Law' 'development Consent'] ['development Application Appeal' 'multi Dwelling Housing' 'lot Consolidation' 'strata Subdivision' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/1675/2016 / Final Orders Following Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for demolition of existing dwellings, erection of multi dwelling housing, lot consolidation and 7 lot strata subdivision at 84 and 86 Dudley Road, Charlestown.']

Ratio Decidendi

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 proceedings were therefore disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's agreed costs of $5,000.

Orders

  • ['The Applicant be granted leave to rely upon the amended plans and documents identified in Order (1), as amended pursuant to UCPR 36.17.' 'The appeal be upheld.' 'Development consent be granted for demolition of existing dwellings, erection of Multi Dwelling Housing, two into one lot consolidation and 7 lot Strata...