Farag v Canterbury-Bankstown Council [2016] NSWLEC 1244

Farag v Canterbury-Bankstown Council [2016] NSWLEC 1244

Upon agreement of the parties reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the satisfaction of the Court as to the appropriateness of the decision, proceedings are to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Class 1 / Final Orders Following Conciliation Conference and Agreement
Outcome
Development application upheld by consent and orders made by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'mixed Use Development' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'mixed Use Development' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Class 1 / Final Orders Following Conciliation Conference and Agreement

Legal Issues

  1. 1 ['Whether agreed orders should be made to give effect to the resolution under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

Upon agreement of the parties reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the satisfaction of the Court as to the appropriateness of the decision, proceedings are to be disposed of in accordance with that agreement.

Court Disposition

Development application upheld by consent and orders made by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The Applicant is given leave to amend the development application and rely upon the specified plans.' "The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application, agreed at $10,000 payable within 28 days." 'The appeal is upheld.' "The amended development...