Isaac Property Developments Pty Limited v Hawkesbury City Council [2018] NSWLEC 1573

Isaac Property Developments Pty Limited v Hawkesbury City Council [2018] NSWLEC 1573

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 the agreement by granting leave to amend the development application, ordering payment of agreed thrown away costs, upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Class 1 Development Application Appeal Against Deemed Refusal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant granted leave to amend the development application; applicant ordered to pay agreed thrown away costs.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between the Parties' 'child Care Centre and Food and Drink Premises' 'conditions of Consent' 'costs Thrown Away by Amendment']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'agreement Between the Parties' 'child Care Centre and Food and Drink Premises' 'conditions of Consent' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Against Deemed Refusal / 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 Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend the development application and rely on amended plans and documents.' 'Whether Development Application No. DA0078/17 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 the agreement by granting leave to amend the development application, ordering payment of agreed thrown away costs, upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant granted leave to amend the development application; applicant ordered to pay agreed thrown away costs.

Orders

  • ['The Applicant is granted leave to amend the development application and rely on the amended plans and documents identified in the orders.' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to section 8.15(3) of the Environmental...