J S Development NSW Pty Ltd v Penrith City Council [2017] NSWLEC 1160

J S Development NSW Pty Ltd v Penrith City Council [2017] NSWLEC 1160

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, with the appeal upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
28 March 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by 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 that 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, with the appeal upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The Applicant is granted leave to rely upon the amended architectural plans, BASIX Certificate No 708884M_03, revised Clause 4.6 variation request and Apartment Design Guide checklist dated 31 January 2017, revised Flood Assessment dated February 2017, Design Verification Statement dated 31 January 2017, Landscape...