Nanevski Developments Pty Ltd v Bayside Council [2018] NSWLEC 1039

Nanevski Developments Pty Ltd v Bayside Council [2018] NSWLEC 1039

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving Development Application DA-2017/167 subject to conditions.

Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application DA-2017/167 for the development of 45 Lawson Street, San Souci, is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving Development Application DA-2017/167 subject to conditions.

Court Disposition

The appeal is upheld and Development Application DA-2017/167 for the development of 45 Lawson Street, San Souci, is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Leave is granted for the parties to rely upon the amended plans referred to in the conditions set out in Annexure "A", copies of which are annexed and marked "B".' "The applicant is to pay the Council's costs thrown away pursuant to section 97B of the Environmental Planning & Assessment Act...