MSMG Developments Pty Ltd v Hunters Hill Council [2016] NSWLEC 1317

MSMG Developments Pty Ltd v Hunters Hill Council [2016] NSWLEC 1317

Because 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, the Court was required to dispose of the proceedings in accordance with that decision and made orders upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
01 August 2016
Procedural Posture
Class 1 Appeal – Development Application / Conciliation Conference; Agreement Between the Parties 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 Appeal' 'conciliation Conference' 'agreement Between Parties' 'subdivision Approval' 'costs Thrown Away']
['planning and Environment Law'] ['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'subdivision Approval' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal – Development Application / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties 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 agreed decision.']

Ratio Decidendi

Because 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, the Court was required to dispose of the proceedings in accordance with that decision and made orders 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 set out in condition 1 in Part B of Annexure A.' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Council's costs thrown away as a result of the amendment in the amount of $7,500.00 within 28...