Dyna Constructions Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1037

Dyna Constructions Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1037

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the decision was one the Court could have made, the Court was required to dispose of the proceedings in accordance with the agreement, making orders to give effect to it.

Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld by consent; modified development consent approved
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Ordered Modification of Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Ordered Modification of Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the parties can reach an agreement under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings' 'Whether the Court should make orders giving effect to the agreement']

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the decision was one the Court could have made, the Court was required to dispose of the proceedings in accordance with the agreement, making orders to give effect to it.

Court Disposition

Appeal upheld by consent; modified development consent approved

Orders

  • ['The appeal is upheld.' 'Approval is given to the modification of the development consent granted by the Land and Environment Court on 28 November 2016 in proceedings No. 2016/169255 for the demolition of existing structures, consolidation of two existing allotments into one and construction of a five storey mixed...