Palmerston Dragon No 1 Pty Ltd v Georges River Council [2018] NSWLEC 1499

Palmerston Dragon No 1 Pty Ltd v Georges River Council [2018] NSWLEC 1499

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 agreed decision.

Jurisdiction
Australia
Judgment Date
20 September 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA9/2017/112/1 approved subject to conditions; Clause 4.6 request upheld; Applicant ordered to pay the Respondent's costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'clause 4.6 Request' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'clause 4.6 Request' 'costs']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether Development Application DA9/2017/112/1 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 agreed decision.

Court Disposition

Appeal upheld; Development Application DA9/2017/112/1 approved subject to conditions; Clause 4.6 request upheld; Applicant ordered to pay the Respondent's costs.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans, drawings and documents as referred to in the conditions of consent at Annexure A and included at Annexure B.' 'The appeal is upheld.' 'Development Application DA9/2017/112/1 for the construction of a residential flat building comprising fifty one...