Environa Studio Pty Ltd v Randwick City Council [2016] NSWLEC 1413

Environa Studio Pty Ltd v Randwick City Council [2016] NSWLEC 1413

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 Court was required to dispose of the proceedings in accordance with that...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 September 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 121/2016 approved subject to conditions annexed to the agreement.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Under Section 97 B of the Environmental Planning and Assessment Act 1979']
['planning and Environment' 'development Applications'] ['conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Under Section 97 B of the Environmental Planning and Assessment Act 1979']

Source-derived case record

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court" 'Whether Development Application DA 121/2016 should be approved subject to agreed conditions']

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 Court was required to dispose of the proceedings in accordance with that agreement, resulting in the appeal being upheld and Development Application DA 121/2016 being approved subject to conditions.

Court Disposition

Appeal upheld; Development Application DA 121/2016 approved subject to conditions annexed to the agreement.

Orders

  • ['Leave is granted to rely on the amended plans, which are the plans referred to in condition 1 of the conditions annexed at "A" to this agreement.' "The applicant is to pay the Respondent's costs arising under section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is...