KWH Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1000

KWH Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1000

The Court, being satisfied that the agreement reached between the parties after a conciliation conference was one the Court could have made, disposed of the proceedings in accordance with the statutory requirement under s34(3) of the Land and Environment Court Act 1979, without conducting a merits assessment.

Jurisdiction
Australia
Judgment Date
03 January 2017
Procedural Posture
Class 1 Merit Appeal / Orders Following Conciliation and S34 Agreement
Outcome
Appeal upheld; development application approved with conditions; costs payable by applicant
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Merit Appeal / Orders Following Conciliation and S34 Agreement

Legal Issues

  1. 1 ['Whether the agreement reached under s34(3) Land and Environment Court Act 1979 could be given effect by the Court' 'Whether consent orders could be made to resolve the appeal']

Ratio Decidendi

The Court, being satisfied that the agreement reached between the parties after a conciliation conference was one the Court could have made, disposed of the proceedings in accordance with the statutory requirement under s34(3) of the Land and Environment Court Act 1979, without conducting a merits assessment.

Court Disposition

Appeal upheld; development application approved with conditions; costs payable by applicant

Orders

  • ['The Applicant is granted leave to rely upon amended plans referred to in Condition 1 of the annexed conditions.' "The Applicant is to pay the Respondent's costs 'thrown away' in a sum as agreed or assessed pursuant to s97B of the Environmental Planning and Assessment Act 1979." 'The appeal is upheld.' "Development...