Parker Logan Property Pty Ltd v Waverley Council [2016] NSWLEC 1412

Parker Logan Property Pty Ltd v Waverley Council [2016] NSWLEC 1412

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 disposed of the proceedings by making orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Application No. DA 51/2016 approved subject to the conditions at Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Application No. DA 51/2016 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 disposed of the proceedings by making orders giving effect to that agreement.

Court Disposition

Appeal upheld and Application No. DA 51/2016 approved subject to the conditions at Annexure A.

Orders

  • ['The applicant is granted leave to rely on the following plans: LEC2 100 Issue 2 dated 26 August 2016; LEC2 101 Issue 5 dated 25 August 2016; LEC2 102 Issue 4 dated 23 August 2016; LEC2 103 Issue 3 dated 11 August 2016; LEC2 104 Issue 3 dated 11 August 2016; LEC2 200 Issue 3 dated 11 August 2016; LEC2 201 Issue 3...