Loftus Apartments Pty Ltd v Strathfield Council [2016] NSWLEC 1588

Loftus Apartments Pty Ltd v Strathfield Council [2016] NSWLEC 1588

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, resulting in leave to amend the development application, the appeal being upheld, and approval of the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
30 November 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application No 2015/139 approved subject to conditions contained in Annexure "A".
Legal Topics
['development Application' 'demolition' 'in Fill Affordable Housing Development' 'residential Flat Building' 'site Isolation' 'height' 'building Design' 'communal Open Space' 'deep Soil' 'waste Collection/management' 'conciliation Conference' 'agreement Between the Parties']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Application' 'demolition' 'in Fill Affordable Housing Development' 'residential Flat Building' 'site Isolation' 'height' 'building Design' 'communal Open Space' 'deep Soil' 'waste Collection/management' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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 reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend the development application by substituting amended plans and documents.' 'Whether development application No 2015/139 should be approved subject to conditions.']

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, resulting in leave to amend the development application, the appeal being upheld, and approval of the development application subject to conditions.

Court Disposition

Appeal upheld; development application No 2015/139 approved subject to conditions contained in Annexure "A".

Orders

  • ['The Applicant is granted leave to amend the development application by substituting the amended plans and documents relied on for the purpose of the development application.' 'The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section...