JD One Enterprise Pty Ltd v Campbelltown City Council [2016] NSWLEC 1653

JD One Enterprise Pty Ltd v Campbelltown City Council [2016] NSWLEC 1653

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 agreed decision by upholding the appeal and granting development approval subject to conditions.

Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development approval granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 's 34 Agreement' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 's 34 Agreement' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference 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.' "Whether orders should be made to give effect to the parties' agreement."]

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 agreed decision by upholding the appeal and granting development approval subject to conditions.

Court Disposition

Appeal upheld; development approval granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its application to rely on the plans and documents referred to in condition 1 of Annexure "A".' "The applicant is to pay Council's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $10,000.00 within 28 days." 'The Appeal is...