Kozarovski v Georges River Council [2016] NSWLEC 1370

Kozarovski v Georges River Council [2016] NSWLEC 1370

The Court is obliged to make orders disposing of proceedings in accordance with an agreement reached under s 34(3) of the Land and Environment Court Act 1979 if satisfied the Court could have made that decision in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; agreement under s34(3) given effect to by final orders.
Legal Topics
['development Application' 'child Care Centre' 'traffic Safety' 'public Interest' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'child Care Centre' 'traffic Safety' 'public Interest' 'conciliation Conference' 'section 34 Agreement']

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the terms of agreement under s 34(3) of the Land and Environment Court Act 1979 are acceptable to the Court and can be made as a decision in the proceedings.']

Ratio Decidendi

The Court is obliged to make orders disposing of proceedings in accordance with an agreement reached under s 34(3) of the Land and Environment Court Act 1979 if satisfied the Court could have made that decision in the proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved subject to conditions; agreement under s34(3) given effect to by final orders.

Orders

  • ['The applicant is granted leave to rely on specified drawings, reports and revised Plan of Management.' 'The appeal is upheld.' "Development Application No. DA 2014/1108 for 'Conversion of office to Child Care Centre' is approved subject to the conditions in annexure 'A'." 'Amendments are minor and s97B costs do...