Llanfoyst Holdings Pty Ltd v Randwick City Council [2018] NSWLEC 1033

Llanfoyst Holdings Pty Ltd v Randwick City Council [2018] NSWLEC 1033

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 approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
25 January 2018
Procedural Posture
Class 1 Appeal Under S97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/283/2017 / Final 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.
Legal Topics
['development Application Refusal Appeal' 'conciliation Conference Agreement' 'orders by Agreement Under S 34(3)' 'residential Flat Building Approval']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application Refusal Appeal' 'conciliation Conference Agreement' 'orders by Agreement Under S 34(3)' 'residential Flat Building Approval']

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Procedural Posture

Class 1 Appeal Under S97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/283/2017 / Final 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 the agreed decision was one the Court could have made in the proper exercise of its functions']

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 approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely upon the plans referred to in Condition 1 of Annexure "A" to this agreement.' 'The Appeal is upheld.' 'Development Application DA283/2017 for the demolition of existing structure, construction of Residential flat building containing 6...