Jiankai Development Pty Ltd v City of Canada Bay Council [2017] NSWLEC 1647

Jiankai Development Pty Ltd v City of Canada Bay Council [2017] NSWLEC 1647

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 by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Class 1 Development Application Appeal Against 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 No. DA 2016/0255 approved subject to conditions set out in Annexure A.
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Against 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. DA 2016/0255 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 that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA 2016/0255 approved subject to conditions set out in Annexure A.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documents listed in the orders, including architectural plans, GFA calculations and BASIX Certificate No. 793443M_04.' 'The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to...