Kiet Tran v Bayside Council [2017] NSWLEC 1392

Kiet Tran v Bayside Council [2017] NSWLEC 1392

An agreement reached at or after conciliation under s 34(3) of the Land and Environment Court Act 1979, which is acceptable to the parties and capable of being made by the Court in exercise of its powers, must be given effect by written orders that dispose of the proceedings accordingly.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Development Application Appeal (class 1) / Post Conciliation Conference Agreement and Disposition
Outcome
Orders made by consent disposing of the proceedings in accordance with the parties' agreement reached at conciliation.
Legal Topics
['development Applications' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Applications' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Development Application Appeal (class 1) / Post Conciliation Conference Agreement and Disposition

Legal Issues

  1. 1 ['Whether an agreement reached at conciliation under s 34(3) of the Court Act could dispose of proceedings and grant development consent']

Ratio Decidendi

An agreement reached at or after conciliation under s 34(3) of the Land and Environment Court Act 1979, which is acceptable to the parties and capable of being made by the Court in exercise of its powers, must be given effect by written orders that dispose of the proceedings accordingly.

Court Disposition

Orders made by consent disposing of the proceedings in accordance with the parties' agreement reached at conciliation.

Orders

  • ['Leave granted to applicant to rely on amended plans set in Condition 1 of Annexure A.' "Applicant to pay respondent's costs thrown away by amending the development application, as agreed or assessed." 'Development consent granted to DA16/044 for subdivision, demolition, and construction of a boarding house at 5...