Pace v Hunter’s Hill Council [2018] NSWLEC 1431

Pace v Hunter’s Hill Council [2018] NSWLEC 1431

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
15 August 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA2017/1179 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders Under S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders Under S 34(3)']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 could be given effect by orders of the Court." 'Whether Development Application No. DA2017/1179 should be approved subject to conditions.']

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

Appeal upheld; Development Application No. DA2017/1179 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in Part A Condition 2 of the Conditions of Consent contained in Annexure "A".' 'The appeal is upheld.' 'Development Application No. DA2017/1179 for the construction of a new stepped terrace with a garden storage room below,...