HBU Projects No 2 Pty Ltd v Lake Macquarie City Council [2018] NSWLEC 1450

HBU Projects No 2 Pty Ltd v Lake Macquarie City Council [2018] NSWLEC 1450

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 required to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 August 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to DA/1582/2017, as amended, subject to conditions; Applicant to pay Respondent's agreed costs of $5,000 within 30 days.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application Appeal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted to DA/1582/2017, as amended, for multi-dwelling housing at Lot 103 DP 1076796, 37 Wilsons Road, Mount Hutton.']

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 required to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to DA/1582/2017, as amended, subject to conditions; Applicant to pay Respondent's agreed costs of $5,000 within 30 days.

Orders

  • ['The Applicant be granted leave to rely upon the amended plans identified in order 1.' "The Applicant pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $5,000 within 30 days from the date of these Orders." 'The appeal be upheld.'...