JS Archictects Pty Ltd v Blacktown City Council [2017] NSWLEC 1452

JS Archictects Pty Ltd v Blacktown City Council [2017] NSWLEC 1452

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 had to be disposed of in accordance with that agreement by making the stated orders.

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; deferred commencement consent granted subject to conditions; costs ordered in the agreed sum of $3,000.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'deferred Commencement Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'deferred Commencement Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that 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 proceedings had to be disposed of in accordance with that agreement by making the stated orders.

Court Disposition

Appeal upheld; deferred commencement consent granted subject to conditions; costs ordered in the agreed sum of $3,000.

Orders

  • ['The appeal is upheld.' 'The applicant is granted leave to amend the development application by relying on the plans listed in condition 4.1.1 and 8.1.3 of annexure "A".' 'Deferred commencement consent is granted to Development Application No. 16-05071 for the demolition of existing structures, subdivision of land...