Gene Hadjiangeli v Sutherland Shire Council [2016] NSWLEC 1635

Gene Hadjiangeli v Sutherland Shire Council [2016] NSWLEC 1635

The proceedings were disposed by making orders in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment required from the Court.

Parties
Applicant: Gene Hadjiangeli; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Class 1 / Post Conciliation Conference Orders
Outcome
appeal upheld
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Gene Hadjiangeli

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is capable of disposing proceedings
  2. 2 Whether the Court should make consent orders as agreed by the parties

Ratio Decidendi

The proceedings were disposed by making orders in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment required from the Court.

Court Disposition

appeal upheld

Orders

  • The applicant is granted leave to rely on the amended plans referred to in Condition 1 of Annexure 'A'.
  • The applicant is to pay the respondent's costs thrown away for the purpose of section 97B of the Environmental Planning and Assessment Act 1979, in the amount of $4,000.