Prasad v Penrith City Council [2017] NSWLEC 1669

Prasad v Penrith City Council [2017] NSWLEC 1669

The agreement reached between the parties under s34(3) of the Land and Environment Court Act 1979 was within the Court’s jurisdiction to make, allowing the Court to dispose of the proceedings by making the orders as agreed; the Court was not required to assess the merits of the original issues.

Parties
First Applicant: Robert Prasad; Second Applicant: Mantri Prasad; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Class 1 Appeal Against an Order / Conciliation Conference; Final Orders Made
Outcome
Appeal upheld in part; orders varied and imposed as per consent agreement
Legal Topics
Development Application, Appeal Against Council Order, Conciliation Conference, Enforcement Orders
Planning and Environment Law Development Application Appeal Against Council Order Conciliation Conference Enforcement Orders

Case Brief

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Parties

Robert Prasad

First Applicant

Mantri Prasad

Second Applicant

Penrith City Council

Respondent

Procedural Posture

Class 1 Appeal Against an Order / Conciliation Conference; Final Orders Made

Legal Issues

  1. 1 Whether the appeal could be resolved in the same proceeding as another related appeal
  2. 2 Whether the agreement between parties under s34(3) is within the Court's jurisdiction
  3. 3 Whether the orders given effect to the parties' agreement should be made

Ratio Decidendi

The agreement reached between the parties under s34(3) of the Land and Environment Court Act 1979 was within the Court’s jurisdiction to make, allowing the Court to dispose of the proceedings by making the orders as agreed; the Court was not required to assess the merits of the original issues.

Court Disposition

Appeal upheld in part; orders varied and imposed as per consent agreement

Orders

  • The appeal is upheld in part.
  • Order 12(b) in the Table to section 121B of the Environmental Planning and Assessment Act 1979 given by the Respondent to the First and Second Applicants dated 6 December 2016 is modified by deleting the 'Terms of the Order' table referred to therein and inserting specified replacement terms.