Fatouleh v Georges River Council [2016] NSWLEC 1583

Fatouleh v Georges River Council [2016] NSWLEC 1583

Where parties reach an agreement acceptable to the Court at conciliation conference under s 34(3) of the Land and Environment Court Act 1979, the Court is required to dispose of proceedings in accordance with that agreement and set out the orders in writing.

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Appeal of Development Application Refusal / Disposition Following Conciliation Conference
Outcome
Appeal upheld by agreement; development consent granted subject to conditions; applicant to pay costs.
Legal Topics
['development Application' 'conciliation Conference' 'development Consent' 'costs']
['planning and Environment'] ['development Application' 'conciliation Conference' 'development Consent' 'costs']

Case Brief

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Procedural Posture

Appeal of Development Application Refusal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the agreement reached at conciliation conference could be adopted as the decision of the Court' 'Disposal of proceedings under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Where parties reach an agreement acceptable to the Court at conciliation conference under s 34(3) of the Land and Environment Court Act 1979, the Court is required to dispose of proceedings in accordance with that agreement and set out the orders in writing.

Court Disposition

Appeal upheld by agreement; development consent granted subject to conditions; applicant to pay costs.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend development application DA2015/0031 to rely on the specified amended plans.' "The Applicant is to pay the Respondent's costs in the sum of $9,500 within 7 days." "Development consent is granted for DA2015.0031 for the construction of a three storey...