Landco (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1252

Landco (NSW) Pty Ltd v Camden Council [2018] NSWLEC 1252

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 by upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; consent granted for road works; Applicant ordered to pay agreed costs thrown away.
Legal Topics
['development Application Refusal Appeal' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between Parties' 'road Works Consent' 'costs Thrown Away by Amendment']
['planning and Environment Law' 'local Government'] ['development Application Refusal Appeal' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between Parties' 'road Works Consent' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed 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 by upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; consent granted for road works; Applicant ordered to pay agreed costs thrown away.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA-17-01094 and to rely upon the amended plans listed in the orders.' 'The appeal is upheld.' "Development application 2016/612/1 for the construction of five dwellings, Torrens title subdivision and associated site works including landscaping,...