Edjasen Pty Ltd v Cumberland Council [2018] NSWLEC 1251

Edjasen Pty Ltd v Cumberland Council [2018] NSWLEC 1251

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; Development Application No. 2017/440/1 as amended approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3)' 'court Orders by Consent']
['planning and Environment' 'development Control'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3)' 'court Orders by Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 2017/440/1 as amended approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to amend Development Application No. 2017/440/1 and to rely upon the amended plans and documents listed in the judgment.' 'The appeal is upheld.' 'Development Application No. 2017/440/1 (as amended) for the demolition of existing buildings and ancillary structures on-site,...