Abdul-Rahman v Strathfield Municipal Council [2016] NSWLEC 1213

Abdul-Rahman v Strathfield Municipal Council [2016] NSWLEC 1213

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting 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 agreement and make the agreed orders.

Jurisdiction
Australia
Judgment Date
26 May 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant ordered to pay Council's costs thrown away of $5000.00.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement 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 a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting 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 agreement and make the agreed orders.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant ordered to pay Council's costs thrown away of $5000.00.

Orders

  • ['The applicant is granted leave to rely on amended plans prepared by Ghazi Al Ali Architect and SGC Consulting Pty Ltd as listed in order 1.' 'The appeal is upheld.' 'Application DA 2015/069 lodged on 2 July 2015, as amended by the plans referred to in order 1, for a 3 storey apartment building of 25 residential...