Ionic Management Pty Ltd v Sutherland Shire Council [2017] NSWLEC 1710

Ionic Management Pty Ltd v Sutherland Shire Council [2017] NSWLEC 1710

An agreement was reached by the parties under s 34(3) of the Land and Environment Court Act 1979, and the court, being satisfied it could have made such a decision properly, disposed of the proceedings by making orders reflecting the agreement without a merit assessment of the underlying issues.

Jurisdiction
Australia
Judgment Date
11 December 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
The appeal is upheld and development approval granted subject to conditions; amended plans relied upon; nominal costs awarded to council; proceedings disposed of per s 34(3) agreement.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 acceptable to the court']

Ratio Decidendi

An agreement was reached by the parties under s 34(3) of the Land and Environment Court Act 1979, and the court, being satisfied it could have made such a decision properly, disposed of the proceedings by making orders reflecting the agreement without a merit assessment of the underlying issues.

Court Disposition

The appeal is upheld and development approval granted subject to conditions; amended plans relied upon; nominal costs awarded to council; proceedings disposed of per s 34(3) agreement.

Orders

  • ['Leave granted to rely on the amended plans referred to in condition 3 of Annexure A.' "Applicant to pay Council's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $1." 'The appeal is upheld.' 'Approval is granted to DA16/1668 for demolition of...