Dromore Properties Pty Ltd v Byron Shire Council [2018] NSWLEC 1324

Dromore Properties Pty Ltd v Byron Shire Council [2018] NSWLEC 1324

Because an agreement was reached between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could properly have been made by the Court, the orders were made to give effect to the agreement without any merit assessment.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Appeal / Conciliation Conference; Final Orders Made Following Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved as per agreed terms; applicant to pay respondent's costs.
Legal Topics
['development Application' 'conciliation Conference' 'strata Subdivision' 'deemed Refusal' 'costs Order']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'strata Subdivision' 'deemed Refusal' 'costs Order']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Final Orders Made Following Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether to approve development application for multi-dwelling housing, alterations and additions, and subdivision' 'Appropriate orders following agreement reached between parties under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Because an agreement was reached between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could properly have been made by the Court, the orders were made to give effect to the agreement without any merit assessment.

Court Disposition

Appeal upheld; development application approved as per agreed terms; applicant to pay respondent's costs.

Orders

  • ["The Applicant is granted leave to rely upon the plan DA.02 / D, Prepared by Those Architects, dated 7/5/18, annexed as Annexure 'A'." 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs in the sum of $4,000 within 28 days of the date of the orders." "Development Application No. 10.2017.686.1...