Gwydir Holdings Pty Ltd v Campbelltown Council [2016] NSWLEC 1546

Gwydir Holdings Pty Ltd v Campbelltown Council [2016] NSWLEC 1546

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 that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
21 November 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
The appeal was upheld and Development Application No. 3552/2015/DA-BH was approved subject to conditions of consent.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)' 'development Consent for Boarding House']
['environmental and Planning Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)' 'development Consent for Boarding House']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was one the Court could make in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

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 that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

The appeal was upheld and Development Application No. 3552/2015/DA-BH was approved subject to conditions of consent.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the plans and documentation listed in the judgment as the plans and documentation relied upon for the purpose of the development application.' 'The appeal is upheld.' 'Development Application No. 3552/2015/DA-BH for the demolition of...