Gee N Gee Pty Limited v Canterbury-Bankstown Council [2017] NSWLEC 1432

Gee N Gee Pty Limited v Canterbury-Bankstown Council [2017] NSWLEC 1432

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 the agreement by upholding the appeal, allowing amendment of the development application, ordering costs under section 97B of the Environmental Planning and Assessment Act 1979, and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application No. DA-256/2016, as amended, is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; 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 No. DA-256/2016, as amended, should be 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 the agreement by upholding the appeal, allowing amendment of the development application, ordering costs under section 97B of the Environmental Planning and Assessment Act 1979, and approving the amended development application subject to conditions.

Court Disposition

The appeal is upheld and Development Application No. DA-256/2016, as amended, is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No.DA-256/2016 and to rely upon the amended plans and documents behind Annexure "A".' "The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or...