Duchini Architecture Pty Limited v Hunters Hill Council [2016] NSWLEC 1634

Duchini Architecture Pty Limited v Hunters Hill Council [2016] NSWLEC 1634

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 disposed of the proceedings in accordance with that agreement by granting leave to amend, ordering costs, upholding the appeal, and granting development approval.

Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development approval granted; leave to amend granted; applicant ordered to pay Council's costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'costs' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'costs' 'development Consent']

Case Brief

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Procedural Posture

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

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.' "What orders should be made to give effect to the parties' agreement."]

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 disposed of the proceedings in accordance with that agreement by granting leave to amend, ordering costs, upholding the appeal, and granting development approval.

Court Disposition

Appeal upheld; development approval granted; leave to amend granted; applicant ordered to pay Council's costs.

Orders

  • ['The Applicant is granted leave to amend its application to rely on the plans and documents referred to in General Condition 2 of Annexure "A" and the clause 4.6 objection prepared by Andrew Martin Planning dated November 2016.' "The applicant is to pay Council's costs pursuant to section 97B of the Environmental...