Gross Pty Ltd v Bayside Council [2018] NSWLEC 1232

Gross Pty Ltd v Bayside Council [2018] NSWLEC 1232

The decision was made to give effect to the agreement reached by the parties at a conciliation conference, as required by section 34(3) of the Land and Environment Court Act 1979, and not on a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
15 May 2018
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld by consent orders under s34(3) of the Land and Environment Court Act 1979
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'section 34 Agreement' 'deemed Refusal']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'section 34 Agreement' 'deemed Refusal']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the application to modify development consent should be allowed under the agreement reached between the parties at conciliation conference']

Ratio Decidendi

The decision was made to give effect to the agreement reached by the parties at a conciliation conference, as required by section 34(3) of the Land and Environment Court Act 1979, and not on a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld by consent orders under s34(3) of the Land and Environment Court Act 1979

Orders

  • ['The Applicant is granted leave to amend the Section 96(1A) Modification Application dated 24 February 2017 and to rely upon specified amended plans.' 'The appeal is upheld.' 'The Section 96(1A) Modification Application dated 24 February 2017 to modify Development Consent No 15/133 is approved as set out in...