Karimbla Constructions Services (NSW) Pty Limited v Waverley Council [2016] NSWLEC 1627

Karimbla Constructions Services (NSW) Pty Limited v Waverley Council [2016] NSWLEC 1627

Agreement under s 34(3) of the Land and Environment Court Act 1979 between the parties regarding the development application was reached and the Commissioner, being satisfied the Court could have made the decision, disposed of the proceedings in accordance with the terms of the agreement.

Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to agreed conditions
Legal Topics
['development Application' 'demolition and Construction' 'conciliation Conference' 'section 34 Agreement']
['environmental Planning' 'local Government'] ['development Application' 'demolition and Construction' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Appeal against refusal of development application for demolition and construction' 'Whether agreement under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the parties' 'Whether the Court could have made the decision in the proper exercise of its functions']

Ratio Decidendi

Agreement under s 34(3) of the Land and Environment Court Act 1979 between the parties regarding the development application was reached and the Commissioner, being satisfied the Court could have made the decision, disposed of the proceedings in accordance with the terms of the agreement.

Court Disposition

Appeal upheld; development consent granted subject to agreed conditions

Orders

  • ["The applicant is granted leave to rely on the amended plans referred to in Condition 1 of Annexure 'A'." "The applicant is to pay the respondent's costs thrown away for the purpose of section 97B of the Environmental Planning and Assessment Act 1979 agreed at $5,000 within 28 days." "The Appeal is upheld and...