Parker Logan Property Pty Ltd v Bayside Council [2018] NSWLEC 1175

Parker Logan Property Pty Ltd v Bayside Council [2018] NSWLEC 1175

Orders were made to give effect to the agreement reached between the parties during a conciliation conference; the appeal is upheld, and consent granted on agreed terms per s 34(3) Land and Environment Court Act 1979.

Parties
Applicant: Parker Logan Property Pty Ltd; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Consent Orders Following Conciliation Conference
Outcome
Appeal upheld by consent; approval of development application, costs awarded to respondent.
Legal Topics
Development Application, Deemed Refusal, Conciliation Conference, Court Consent Orders
Planning and Environment Development Application Deemed Refusal Conciliation Conference Court Consent Orders

Case Brief

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Parties

Parker Logan Property Pty Ltd

Applicant

Bayside Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Consent Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the appeal against the deemed refusal of the development application should be upheld
  2. 2 Whether the agreement reached at conciliation could be disposed of under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

Orders were made to give effect to the agreement reached between the parties during a conciliation conference; the appeal is upheld, and consent granted on agreed terms per s 34(3) Land and Environment Court Act 1979.

Court Disposition

Appeal upheld by consent; approval of development application, costs awarded to respondent.

Orders

  • Leave is granted to rely on the amended plans at Annexure A and as referred to in condition 1 of Annexure B.
  • The applicant is to pay the respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $15,500 within 28 days of these orders.