Orion Consulting Engineers Pty Ltd v Blacktown City Council [2016] NSWLEC 1435

Orion Consulting Engineers Pty Ltd v Blacktown City Council [2016] NSWLEC 1435

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 agreement and make orders approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
21 September 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application No. 16-02734, as amended, is approved subject to conditions.
Legal Topics
['development Application' 'torrens Title Subdivision' 'conciliation Conference' 'consent Orders' 'land and Environment Court']
['environmental and Planning Law'] ['development Application' 'torrens Title Subdivision' 'conciliation Conference' 'consent Orders' 'land and Environment Court']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by 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 should be given effect by orders of the Court.' 'Whether Development Application No. 16-02734, as amended, should be approved subject to conditions.']

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 agreement and make orders approving the amended development application subject to conditions.

Court Disposition

The appeal is upheld and Development Application No. 16-02734, as amended, is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 16-02734 and to rely upon the amended plans listed in conditions 2.1.1 and 2.1.2, copies of which are behind Annexure "A".' 'Development Application No. 16-02734 (as amended) for the proposed Torrens title subdivision of 8...