Josephine Russo v Canterbury-Bankstown Council [2017] NSWLEC 1335

Josephine Russo v Canterbury-Bankstown Council [2017] NSWLEC 1335

The agreement between the parties was acceptable, and the Court was satisfied that the decision could have been made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
27 June 2017
Procedural Posture
Development Application Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs to respondent as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']

Case Brief

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Procedural Posture

Development Application Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application should be approved as amended' 'Whether an agreement reached under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the Court']

Ratio Decidendi

The agreement between the parties was acceptable, and the Court was satisfied that the decision could have been made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs to respondent as agreed or assessed.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans referred to in condition 5 of Annexure "A".' 'The appeal is upheld.' 'Development Application No. DA-597/2015 (as amended), which was lodged with the Respondent on 4 December 2015, for demolition of existing structures and construction of a mixed use...