JT Consulting Services Pty Ltd v Wollondilly Shire Council [2016] NSWLEC 1564

JT Consulting Services Pty Ltd v Wollondilly Shire Council [2016] NSWLEC 1564

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.

Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. D525-05 approved subject to conditions; applicant ordered to pay respondent's costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether the proposed decision was one that the Court could have made in the proper exercise of its functions.']

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.

Court Disposition

Appeal upheld; Development Application No. D525-05 approved subject to conditions; applicant ordered to pay respondent's costs.

Orders

  • ["The Applicant is granted leave to rely on the amended plans identified in Condition 1 of Annexure 'A'." 'The appeal is upheld.' "Development Application No. D525-05 for alterations and additions to existing commercial building, to create five (5) ground level shops, six (6) units of shop-top housing dwellings over...