Five Dock Properties Pty Limited v City of Canada Bay Council [2017] NSWLEC 1261

Five Dock Properties Pty Limited v City of Canada Bay Council [2017] NSWLEC 1261

An agreement was reached between the parties 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; accordingly, the proceedings were disposed of in accordance with that agreement by making the orders approving DA 2016/434 subject to conditions and upholding the appeal.

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; DA 2016/434 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34(3) Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34(3) Orders']

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference 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 was a decision the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

An agreement was reached between the parties 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; accordingly, the proceedings were disposed of in accordance with that agreement by making the orders approving DA 2016/434 subject to conditions and upholding the appeal.

Court Disposition

Appeal upheld; DA 2016/434 approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents referred to in condition DAGCA01 of Annexure A.' "The Applicant is to pay the Respondent's costs thrown away by reason of the amendments pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'DA...