Joshua Louie Sleiman v Blacktown City Council [2017] NSWLEC 1140

Joshua Louie Sleiman v Blacktown City Council [2017] NSWLEC 1140

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 Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
23 March 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld; Development Application No. 16-03947 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "What 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 Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 16-03947 approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 16-03947 and to rely upon the amended plans prepared by C. Petro Design and Drafting Services originally dated 12 June 2016 identified in the orders.' "The Applicant is to pay the Respondent's costs pursuant to section 97B...