OC Investments Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1250

OC Investments Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1250

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 the agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Class 1 Appeal']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Class 1 Appeal']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 the agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A".' 'The appeal is upheld.' 'Development Application No. 17/0383 for demolition of existing buildings, construction of a multi dwelling housing development with two, two-storey dwellings and a rear villa with attic...