Leda Holdings Pty Ltd v Bayside Council [2018] NSWLEC 1547

Leda Holdings Pty Ltd v Bayside Council [2018] NSWLEC 1547

Agreement reached between parties at conciliation conference; Commissioner satisfied decision could have been made by the Court; orders made to give effect to the agreement pursuant to s 34(3).

Parties
Applicant: Leda Holdings Pty Ltd; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development consent granted; orders made by consent.
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Leda Holdings Pty Ltd

Applicant

Bayside Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the development consent should be granted

Ratio Decidendi

Agreement reached between parties at conciliation conference; Commissioner satisfied decision could have been made by the Court; orders made to give effect to the agreement pursuant to s 34(3).

Court Disposition

Appeal upheld; development consent granted; orders made by consent.

Orders

  • Applicant granted leave to rely on amended plans listed in Annexure 'A'.
  • Applicant to pay Council's costs thrown away due to amendment in the amount of $20,000 within 28 days.