Rahme v Blacktown City Council [2018] NSWLEC 1453

Rahme v Blacktown City Council [2018] NSWLEC 1453

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 August 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Made After Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended Development Application No. DA-17-02175 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'residential Flat Building Approval' 'costs']
['planning and Environment' 'land and Environment Court Proceedings'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'residential Flat Building Approval' 'costs']

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Procedural Posture

Class 1 Development Application Appeal / Orders Made After Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

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

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; amended Development Application No. DA-17-02175 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended material listed in Annexure A.' 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental and Planning Assessment Act 1979 as agreed or assessed." 'Development Application No. DA-17-02175, as amended,...