Leda Holdings Pty Limited v Sutherland Shire Council [2016] NSWLEC 1284

Leda Holdings Pty Limited v Sutherland Shire Council [2016] NSWLEC 1284

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 and make orders upholding the appeal and approving the development application subject to the annexed conditions.

Jurisdiction
Australia
Judgment Date
08 July 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Development Application number DA 15/0451 approved in accordance with the amended conditions of consent annexed and marked 'A'.
Legal Topics
['development Application' 'vehicle Rental Centre' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'vehicle Rental Centre' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by final orders approving Development Application number DA 15/0451."]

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 and make orders upholding the appeal and approving the development application subject to the annexed conditions.

Court Disposition

Appeal upheld and Development Application number DA 15/0451 approved in accordance with the amended conditions of consent annexed and marked 'A'.

Orders

  • ['The applicant is granted leave to rely on the amended plans and documents referred to in Condition 1 of Annexure A.' 'The appeal is upheld.' "Development Application number DA 15/0451 for the construction and use of a building as a vehicle rental centre and the construction of 1 pylon sign on part of the land...