Ideal Beachside Pty Ltd v Randwick City Council [2017] NSWLEC 1538

Ideal Beachside Pty Ltd v Randwick City Council [2017] NSWLEC 1538

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 making the final orders.

Jurisdiction
Australia
Judgment Date
27 September 2017
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; Development Application No. DA/3/2017 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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.']

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 making the final orders.

Court Disposition

Appeal upheld; Development Application No. DA/3/2017 approved subject to conditions in Annexure A.

Orders

  • ['Leave is granted for the applicant to rely on the amended plans listed in condition 1 of Annexure A.' 'The appeal is upheld.' 'Development Application No. (DA/3/2017) for alterations and additions to the existing building and use as a hotel at 178 Coogee Bay Road, Coogee is approved subject to the conditions in...