Designcorp Architecture Pty Ltd v City of Parramatta Council [2017] NSWLEC 1692

Designcorp Architecture Pty Ltd v City of Parramatta Council [2017] NSWLEC 1692

An agreement was reached between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979 during or after a conciliation conference, and the presiding Commissioner was satisfied that the agreement was one the Court could properly make. Accordingly, final orders were made to dispose of the proceedings in terms of the agreement and grant development consent subject to conditions.

Parties
Applicant: Designcorp Architects Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Class 1 / Conciliation Conference Concluded; Final Orders Made
Outcome
The appeal is upheld and development consent is granted subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Court Orders
Planning and Environment Development Application Conciliation Conference Agreement Between Parties Court Orders

Case Brief

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Parties

Designcorp Architects Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference Concluded; Final Orders Made

Legal Issues

  1. 1 Whether a decision could be made in the proper exercise of the Court's functions under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Finalisation of proceedings following agreement at conciliation conference

Ratio Decidendi

An agreement was reached between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979 during or after a conciliation conference, and the presiding Commissioner was satisfied that the agreement was one the Court could properly make. Accordingly, final orders were made to dispose of the proceedings in terms of the agreement and grant development consent subject to conditions.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to development application No. DA/925/2016 for the demolition of the existing building and the construction of a three and four storey aged care centre comprising 90 residential car places and basement parking for 39 vehicles and associated facilities at 128A Alfred Street and 40-46...