Briglia and Anor v Georges River Council [2017] NSWLEC 1456

Briglia and Anor v Georges River Council [2017] NSWLEC 1456

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement by making final orders.

Jurisdiction
Australia
Judgment Date
22 August 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; Development Application No 26/2016 approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement by making final orders.

Court Disposition

Appeal upheld; Development Application No 26/2016 approved subject to conditions of consent at Annexure A.

Orders

  • ['The applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent at Annexure A and included at Annexure B.' "The applicant is to pay the respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the agreed...