Dimora Projects Pty Limited v Blacktown City Council [2016] NSWLEC 1215

Dimora Projects Pty Limited v Blacktown City Council [2016] NSWLEC 1215

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; therefore the Court was required to dispose of the proceedings in accordance with that agreement, resulting in the appeal being upheld and Development Application 14-1461 being approved subject to conditions.

Jurisdiction
Australia
Judgment Date
01 June 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
The appeal is upheld and Development Application 14-1461 is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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; therefore the Court was required to dispose of the proceedings in accordance with that agreement, resulting in the appeal being upheld and Development Application 14-1461 being approved subject to conditions.

Court Disposition

The appeal is upheld and Development Application 14-1461 is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend development application 14-1461 and to rely upon the amended plans listed in condition 2.1.1 of Annexure "A".' "The Applicant is to pay the Respondent's costs pursuant to s.97B of Environment Planning and Assessment Act 1979, as agreed or assessed."...