Mackenzie v Blacktown City Council [2018] NSWLEC 1496

Mackenzie v Blacktown City Council [2018] NSWLEC 1496

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court, being satisfied the decision is within power, disposed of the proceedings in accordance with that agreement by upholding the applicant's clause 4.6 variation request and approving the amended development application subject to listed plans and conditions.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld by consent order following agreement at conciliation conference; development application approved subject to conditions; applicant to pay respondent's costs as agreed or assessed.
Legal Topics
['development Application' 'clause 4.6 Variation' 'approval Conditions' 'conciliation Conference']
['planning and Environment'] ['development Application' 'clause 4.6 Variation' 'approval Conditions' 'conciliation Conference']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether to uphold applicant's clause 4.6 request to contravene clause 4.3 of the Blacktown Local Environmental Plan 2015" 'Whether the development application as amended should be approved subject to specified plans and conditions']

Ratio Decidendi

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court, being satisfied the decision is within power, disposed of the proceedings in accordance with that agreement by upholding the applicant's clause 4.6 variation request and approving the amended development application subject to listed plans and conditions.

Court Disposition

Appeal upheld by consent order following agreement at conciliation conference; development application approved subject to conditions; applicant to pay respondent's costs as agreed or assessed.

Orders

  • ["The Applicant's clause 4.6 written request to the contravention of clause 4.3 of the Blacktown Local Environmental Plan 2015 is upheld." 'The Applicant is granted leave to rely upon the specified amended material and plans.' 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs under section...