Foxground Property Investments Pty Ltd v Georges River Council [2017] NSWLEC 1172

Foxground Property Investments Pty Ltd v Georges River Council [2017] NSWLEC 1172

The Court is required to dispose of the proceedings in accordance with the parties' agreement following the conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Foxground Property Investments Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
03 April 2017
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted; leave to rely on amended plans; costs order as agreed or assessed
Legal Topics
Development Application, Childcare Centre, Conciliation Conference, Development Consent, Costs
Planning and Environment Development Application Childcare Centre Conciliation Conference Development Consent Costs

Case Brief

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Parties

Foxground Property Investments Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether amended development application for childcare centre meets statutory requirements
  2. 2 Whether development consent should be granted

Ratio Decidendi

The Court is required to dispose of the proceedings in accordance with the parties' agreement following the conciliation conference under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; leave to rely on amended plans; costs order as agreed or assessed

Orders

  • The Applicant is granted leave to rely on the amended plans referred to in condition 1 of the Draft Conditions of Consent at Annexure A.
  • The Applicant is to pay the Respondent's costs thrown away pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.