No 1 Victoria Dragons Pty Limited v Georges River Council [2018] NSWLEC 1559

No 1 Victoria Dragons Pty Limited v Georges River Council [2018] NSWLEC 1559

An agreement reached between the parties under s 34(3) Land and Environment Court Act 1979 was acceptable and within the Court's power, obliging the Court to dispose of proceedings by orders reflecting the agreement without making any merit assessment.

Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; Development application approved subject to conditions; Orders made as per agreement
Legal Topics
['development Application' 'conciliation Conference' 'costs' 'clause 4.6 Request']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'costs' 'clause 4.6 Request']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement reached at conciliation conference can be disposed of by orders under s 34(3) of the Land and Environment Court Act 1979' 'Whether applicant can rely on amended plans for development application' 'Entitlement to costs as per s 8.15(3) Environmental Planning and Assessment Act 1979']

Ratio Decidendi

An agreement reached between the parties under s 34(3) Land and Environment Court Act 1979 was acceptable and within the Court's power, obliging the Court to dispose of proceedings by orders reflecting the agreement without making any merit assessment.

Court Disposition

Appeal upheld; Development application approved subject to conditions; Orders made as per agreement

Orders

  • ['Leave granted for Applicant to rely on amended plans, drawings and documents as referred to in conditions of consent at Annexure C and listed in the Table set out in Annexure A' "Applicant to pay Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the amount of...