McPherson Street Construction Pty Ltd v Bayside Council [2018] NSWLEC 1125

McPherson Street Construction Pty Ltd v Bayside Council [2018] NSWLEC 1125

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; accordingly, the proceedings were disposed of by orders giving effect to that agreement, including upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 2017/1071 / 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 in Annexure A.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'industrial Units' 'business Identification Signage' 'strata Subdivision']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'industrial Units' 'business Identification Signage' 'strata Subdivision']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 2017/1071 / 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 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, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by orders giving effect to that agreement, including upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in condition 1 of the conditions of consent contained in Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away under s 97B of the Environmental Planning and Assessment Act 1979 in the agreed amount of...