Bechara v Strathfield Municipal Council [2018] NSWLEC 1380

Bechara v Strathfield Municipal Council [2018] NSWLEC 1380

The Commissioner was satisfied that an agreement had been reached between the parties under s 34(3) of the Land and Environment Court Act 1979 and that the terms of the agreement were such that the Court could have made the decision in the exercise of its functions; accordingly, orders were made to give effect to the agreement, disposing of the proceedings in accordance with the statutory requirements.

Jurisdiction
Australia
Judgment Date
25 July 2018
Procedural Posture
Appeal (class 1) Development Application Modification / Final Orders Following Conciliation Conference
Outcome
Orders made by consent; appeal upheld in part; modification of development consent granted as per agreement; no order as to costs.
Legal Topics
['development Application' 'modification of Consent' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'modification of Consent' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Appeal (class 1) Development Application Modification / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the Court should dispose of proceedings by consent under s 34(3) of the Land and Environment Court Act 1979 in relation to a modification application under s 96 of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The Commissioner was satisfied that an agreement had been reached between the parties under s 34(3) of the Land and Environment Court Act 1979 and that the terms of the agreement were such that the Court could have made the decision in the exercise of its functions; accordingly, orders were made to give effect to the agreement, disposing of the proceedings in accordance with the statutory requirements.

Court Disposition

Orders made by consent; appeal upheld in part; modification of development consent granted as per agreement; no order as to costs.

Orders

  • ['The Applicant is granted leave to rely upon the amended development application.' 'No order as to costs.' 'The appeal is upheld in part.' "Pursuant to section 96 of the Environmental Planning and Assessment Act 1979, development application 2016/192/1, for demolition of existing structures and construction of a...