Sangari v Wollondilly Council [2017] NSWLEC 1091

Sangari v Wollondilly Council [2017] NSWLEC 1091

Because the parties reached agreement at or after a conciliation conference and the Court was satisfied it was a decision the Court could have made, s 34(3) Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Parties
Applicant: Ghazi Sangari; Respondent: Wollondilly Council
Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Development Application Class 1 Appeal / Conciliation Conference; Final Orders After Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs of $2000 within 28 days.
Legal Topics
Development Application, Conciliation Conference, Court Orders Under Agreement
Planning and Environment Law Development Application Conciliation Conference Court Orders Under Agreement

Case Brief

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Parties

Ghazi Sangari

Applicant

Wollondilly Council

Respondent

Procedural Posture

Development Application Class 1 Appeal / Conciliation Conference; Final Orders After Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the agreement between the parties in conciliation should be approved as a decision of the Court under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Because the parties reached agreement at or after a conciliation conference and the Court was satisfied it was a decision the Court could have made, s 34(3) Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs of $2000 within 28 days.

Orders

  • The applicant is granted leave to amend the development application by relying on specified listed plans.
  • The appeal is upheld.