Fox Johnston Pty Ltd v Bayside Council [2016] NSWLEC 1510

Fox Johnston Pty Ltd v Bayside Council [2016] NSWLEC 1510

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 proceedings were disposed of in accordance with that agreement by granting leave to amend the development application, ordering costs thrown away, upholding the appeal, and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
31 October 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 2016/279 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'demolition and Mixed Use Development' 'boarding Rooms' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'demolition and Mixed Use Development' 'boarding Rooms' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA 2016/279 / 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA-2016/279 should be amended and approved subject to 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 proceedings were disposed of in accordance with that agreement by granting leave to amend the development application, ordering costs thrown away, upholding the appeal, and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend development application no DA 2016/279 to rely upon the amended plans referred to in Condition B2 of Annexure "A".' "The applicant shall pay the respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $5,000...