Flower Power Pty Ltd v Strathfield Municipal Council [2017] NSWLEC 1682

Flower Power Pty Ltd v Strathfield Municipal Council [2017] NSWLEC 1682

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 that the decision was appropriate, and the Commissioner was satisfied under s 34(3) that it was one the Court could have made, the application was granted and orders made by consent, without a merit assessment.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development application granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application should be granted as amended, by way of agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 that the decision was appropriate, and the Commissioner was satisfied under s 34(3) that it was one the Court could have made, the application was granted and orders made by consent, without a merit assessment.

Court Disposition

Appeal upheld. Development application granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in Annexure "A".' 'The appeal is upheld.' "Development application no DA-2016/132, as amended, is granted for the use and development of the land at 127 Cosgrove Road, Strathfield South as set out in the orders, subject to...