Lichao Pty Ltd v City of Ryde Council [2017] NSWLEC 1119

Lichao Pty Ltd v City of Ryde Council [2017] NSWLEC 1119

The matter was disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, with orders granting leave to amend the development application, approval of the amended development and awarding costs to the respondent.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; amended development application approved; costs to the respondent.
Legal Topics
['development Application' 'conciliation Conference' 'appeal' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'appeal' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement reached between parties at a conciliation conference should be formalised as court orders under s 34(3) of the Land and Environment Court Act 1979' 'Approval of amended development application plans' 'Costs of the proceedings']

Ratio Decidendi

The matter was disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, with orders granting leave to amend the development application, approval of the amended development and awarding costs to the respondent.

Court Disposition

Appeal upheld; amended development application approved; costs to the respondent.

Orders

  • ['Applicant given leave to amend the development application and rely on specified plans.' 'The appeal is upheld.' 'Development application DA 2016/0341 as amended by the specified plans is approved subject to the conditions in Annexure A.' "The applicant is to pay the respondent's costs pursuant to Section 97B of...