Landmark Group Australia Pty Ltd v Cumberland Council [2016] NSWLEC 1616

Landmark Group Australia Pty Ltd v Cumberland Council [2016] NSWLEC 1616

The appeal was disposed of in accordance with the agreement reached between the parties at conciliation, as the agreement met the requirements set out in s 34(3) of the Land and Environment Court Act 1979. The development application was approved in accordance with the agreed conditions and amended plans.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to agreed conditions; applicant to pay respondent's agreed costs.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'section 34 Agreement']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application for a residential flat building should be approved after initial refusal by the Council and subsequent conciliation process under s 34 of the Land and Environment Court Act 1979']

Ratio Decidendi

The appeal was disposed of in accordance with the agreement reached between the parties at conciliation, as the agreement met the requirements set out in s 34(3) of the Land and Environment Court Act 1979. The development application was approved in accordance with the agreed conditions and amended plans.

Court Disposition

Appeal upheld; development application approved subject to agreed conditions; applicant to pay respondent's agreed costs.

Orders

  • ['Applicant granted leave to rely on amended plans as specified in Annexure A.' "Applicant to pay respondent's costs under section 97B of the Environmental Planning and Assessment Act 1979 in the agreed amount of $5,000 within 28 days." 'The appeal is upheld.' 'Development application no. DA80/2016 for construction...