Environa Studio Pty Ltd v City of Canada Bay Council [2018] NSWLEC 1481

Environa Studio Pty Ltd v City of Canada Bay Council [2018] NSWLEC 1481

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of 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; therefore the Court was required to dispose of the proceedings in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA2017/0234 approved subject to conditions set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'costs Thrown Away' 'boarding House Development']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'costs Thrown Away' 'boarding House Development']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by 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 Applicant should be granted leave to rely on amended plans and documents.' "Whether the Applicant's clause 4.6 written request to vary the height limit should be upheld." 'Whether Development Application No. DA2017/0234 should be approved subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of 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; therefore the Court was required to dispose of the proceedings in accordance with that agreed decision.

Court Disposition

Appeal upheld; Development Application No. DA2017/0234 approved subject to conditions set out in Annexure A.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documents listed in the orders.' 'The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of...