Hanyu Australia Pty Ltd v North Sydney Council [2018] NSWLEC 1440

Hanyu Australia Pty Ltd v North Sydney Council [2018] NSWLEC 1440

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 by orders upholding the appeal and declaring the deferred commencement conditions satisfied so that development consent DA 39/2016 was operative.

Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Conditions' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Conditions' 'development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether deferred commencement conditions AA1, AA2, AA3, AA4, AA5 and AA6 of development consent DA 39/2016 were satisfied so that the consent was operative.']

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 by orders upholding the appeal and declaring the deferred commencement conditions satisfied so that development consent DA 39/2016 was operative.

Court Disposition

Appeal upheld.

Orders

  • ['The appeal is upheld.' "Deferred commencement conditions AA1, AA2, AA3, AA4, AA5 and AA6 of development consent DA 39/2016 (as modified in proceedings 2018/156624) are satisfied by the Applicant's provision of evidence in accordance with clause 95(4) of the Environmental Planning and Assessment Regulation 2000...