Parker Logan Property Pty Ltd v Kiama Municipal Council [2017] NSWLEC 1630

Parker Logan Property Pty Ltd v Kiama Municipal Council [2017] NSWLEC 1630

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 making the agreed orders.

Jurisdiction
Australia
Judgment Date
09 November 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and development consent is granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the decision agreed by the parties was one that 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 making the agreed orders.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans listed in the orders.' 'The appeal is upheld.' 'Development consent is granted to DA10.2017.116.1 for demolition of existing buildings and construction of three-storey mixed use development consisting of ground floor commercial/retail space, 16 shop...