Michael Ishak v Bayside Council [2017] NSWLEC 1313

Michael Ishak v Bayside Council [2017] NSWLEC 1313

As the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied that the decision was one that it could properly make, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
20 June 2017
Procedural Posture
Development Application Appeal / Conciliation Conference—final Orders
Outcome
Appeal upheld and development consent granted per agreement under s 34(3).
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference—final Orders

Legal Issues

  1. 1 ['Whether an agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 could dispose of the proceedings' 'Whether the decision could be made by the Court in the proper exercise of its functions']

Ratio Decidendi

As the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied that the decision was one that it could properly make, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld and development consent granted per agreement under s 34(3).

Orders

  • ['Applicant granted leave to rely upon amended plans set out in Annexure A.' "Applicant to pay Respondent's costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 (NSW), agreed sum of $6,000.00 payable within 28 days of the order." 'Appeal upheld.' 'Development consent granted to DA-2016/230...