Al-Sharifi v Sutherland Shire Council [2018] NSWLEC 1540

Al-Sharifi v Sutherland Shire Council [2018] NSWLEC 1540

The parties reached an agreement following a conciliation conference as to the appropriate terms of a decision under s 34(3) of the Land and Environment Court Act 1979, which the Court could have made in the proper exercise of its functions, and the appeal was resolved accordingly without a merits assessment.

Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld by consent; development application approved with conditions; costs order made against the applicant.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the development application should be approved subject to amended plans and conditions of consent' 'Whether agreement between parties pursuant to s 34(3) of the Land and Environment Court Act 1979 was appropriate for disposal of proceedings']

Ratio Decidendi

The parties reached an agreement following a conciliation conference as to the appropriate terms of a decision under s 34(3) of the Land and Environment Court Act 1979, which the Court could have made in the proper exercise of its functions, and the appeal was resolved accordingly without a merits assessment.

Court Disposition

Appeal upheld by consent; development application approved with conditions; costs order made against the applicant.

Orders

  • ["The applicant is granted leave to rely upon the amended plans referred to in condition 1 in the approved conditions at Annexure 'A'." "The applicant is to pay the respondent's costs thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $3,000 within 28 days."...