Ng v Georges River Council [2018] NSWLEC 1286

Ng v Georges River Council [2018] NSWLEC 1286

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms acceptable to them, 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 Court disposed of the proceedings in accordance with that agreement by granting leave to rely on amended plans, upholding the appeal, approving Development Application DA2017/0121 subject to conditions, and ordering costs.

Jurisdiction
Australia
Judgment Date
14 June 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Development Application DA2017/0121 approved subject to conditions set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'boarding House Development' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'boarding House Development' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement 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.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms acceptable to them, 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 Court disposed of the proceedings in accordance with that agreement by granting leave to rely on amended plans, upholding the appeal, approving Development Application DA2017/0121 subject to conditions, and ordering costs.

Court Disposition

Appeal upheld and Development Application DA2017/0121 approved subject to conditions set out in Annexure A.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by KVMZ Architecture dated 5 June 2018 and identified in the orders.' 'The appeal is upheld and Development Application DA2017/0121, for the demolition of the...