Bassil v Cumberland Council [2016] NSWLEC 1271

Bassil v Cumberland Council [2016] NSWLEC 1271

The Court, upon being satisfied that the parties had reached an agreement acceptable and proper under s 34(3) of the Land and Environment Court Act 1979, disposed of the proceedings in accordance with that agreement, granting development consent and associated orders.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Class 1 / Orders Following Agreement at Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered against applicant.
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

Class 1 / Orders Following Agreement at Conciliation Conference

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 could be reached and given effect in a class 1 application for development consent' 'Whether leave should be granted to amend development application plans and documentation' "Whether costs should be payable due to the applicant's amendment of the development application" 'Whether contravention of the height standard in Holroyd Local Environmental Plan 2013 should be permitted']

Ratio Decidendi

The Court, upon being satisfied that the parties had reached an agreement acceptable and proper under s 34(3) of the Land and Environment Court Act 1979, disposed of the proceedings in accordance with that agreement, granting development consent and associated orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered against applicant.

Orders

  • ['Applicant given leave to amend development application as set out in Order 1 (detailed plans and documents listed)' "Applicant to pay respondent's costs thrown away by amendment in the amount of $5,000 within 28 days" "Applicant's request under clause 4.6(3) of Holroyd Local Environmental Plan 2013 regarding...