Elpis Developments Pty Limited v City of Sydney Council [2016] NSWLEC 1203

Elpis Developments Pty Limited v City of Sydney Council [2016] NSWLEC 1203

As agreement was reached during the conciliation conference meeting the requirements of s 34(3), and the presiding Commissioner was satisfied as required, the orders were made to give effect to the parties' agreement without a merit assessment.

Jurisdiction
Australia
Judgment Date
30 May 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld and development application approved subject to conditions by agreement
Legal Topics
['development Application' 'conciliation Conference' 'orders by Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'orders by Agreement']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether terms of agreement can be made orders of the court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

As agreement was reached during the conciliation conference meeting the requirements of s 34(3), and the presiding Commissioner was satisfied as required, the orders were made to give effect to the parties' agreement without a merit assessment.

Court Disposition

Appeal upheld and development application approved subject to conditions by agreement

Orders

  • ["The Applicant is granted leave to rely on amended plans as referred to in the conditions of consent contained in Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away as a result of the amendments in the amount of $5,000 in accordance with section 97B of the Environmental Planning and...