Icek Holdings Pty Ltd v Bayside Council [2016] NSWLEC 1619

Icek Holdings Pty Ltd v Bayside Council [2016] NSWLEC 1619

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 December 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3)
Outcome
The appeal is upheld; Development Application No. 22/2015 is approved subject to conditions; no order as to costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3)

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 the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 is upheld; Development Application No. 22/2015 is approved subject to conditions; no order as to costs.

Orders

  • ['The appeal is upheld.' "Development Application No. 22/2015 for use as a mixed use development comprising the erection of a 14 storey building containing commercial space at ground floor and 117 residential apartments above and provision of 158 car parking places provided over 2 basement levels at 653 Gardeners...