Landmark Group Australia Pty Ltd v Cumberland Council [2017] NSWLEC 1327

Landmark Group Australia Pty Ltd v Cumberland Council [2017] NSWLEC 1327

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 Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
26 June 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. DA 2016/496 / Orders 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 of consent contained in Annexure "A".
Legal Topics
['development Application' 'residential Flat Buildings' 'conciliation Conference' 'section 34 Agreement' 'development Consent']
['planning and Environment Law'] ['development Application' 'residential Flat Buildings' 'conciliation Conference' 'section 34 Agreement' 'development Consent']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. DA 2016/496 / Orders 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 development application no. DA 2016/496 for construction of 2 x residential flat buildings with basement car parking at 1-11 Neil Street, Merrylands should be approved subject to agreed conditions of consent.']

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 Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent contained in Annexure "A".

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure "A".' 'The appeal is upheld.' 'Development application no. DA 2016/496 lodged on 15 November 2016 for construction of 2 x residential flat buildings (Buildings 3 and 4) with...