John Drivas v City of Canada Bay Council [2017] NSWLEC 1724

John Drivas v City of Canada Bay Council [2017] NSWLEC 1724

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
15 December 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 2016/0438 approved subject to conditions; applicant granted leave to amend the development application; applicant to pay the respondent's costs as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34 Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34 Orders' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and 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 Development Application No. 2016/0438 should be approved subject to agreed 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. 2016/0438 approved subject to conditions; applicant granted leave to amend the development application; applicant to pay the respondent's costs as agreed or assessed.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition DAGCA01 of Annexure "A".' 'The applicant is to pay the respondents costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.' 'The Appeal is...