MHN Design Union Pty Ltd v Randwick City Council [2018] NSWLEC 1184

MHN Design Union Pty Ltd v Randwick City Council [2018] NSWLEC 1184

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 made orders upholding the appeal and approving the modification application.

Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Class 1 Development Application/modification Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Modification Application No. 189/2016/A was approved in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']

Case Brief

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Procedural Posture

Class 1 Development Application/modification Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

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

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 made orders upholding the appeal and approving the modification application.

Court Disposition

The appeal was upheld and Modification Application No. 189/2016/A was approved in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Leave is granted to rely on the documents that are the subject of Development Application No. DA-2750/2015/DA-BH: 10.2_J First Floor Plans Issue J prepared by MHN Design Union Pty Ltd dated 29/03/2018; 10.3_J Second Floor Plans Issue J prepared by MHN Design Union Pty Ltd dated 29/03/2018; 10.4_J Third Floor Plans...