Fernside Developments Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1088

Fernside Developments Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1088

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 therefore disposed of in accordance with the agreed terms.

Jurisdiction
Australia
Judgment Date
26 February 2018
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 consent granted subject to conditions; applicant to pay respondent's costs as agreed or assessed.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs']
['planning and Environmental Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs']

Case Brief

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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 agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether the decision agreed by the parties 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, 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 therefore disposed of in accordance with the agreed terms.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs as agreed or assessed.

Orders

  • ['Leave is granted to the Applicant to rely on the amended set of plans identified in the orders.' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs as agreed or as assessed." 'The appeal is upheld.' 'Development consent is granted to...