Nakhle v The Hills Shire Council [2018] NSWLEC 1408

Nakhle v The Hills Shire Council [2018] NSWLEC 1408

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 agreed orders without a merits assessment of the original dispute.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away in the agreed amount of $7,000.00 within 21 days.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend Development Application No. 2023/2017/JP and rely on amended plans and documents.' 'Whether development consent should be granted for the proposed demolition, tree removal, dam dewatering, subdivision and multi-dwelling housing development.']

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 agreed orders without a merits assessment of the original dispute.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away in the agreed amount of $7,000.00 within 21 days.

Orders

  • ['The Applicant is granted leave to amend Development Application No. 2023/2017/JP and to rely upon the amended plans and documents identified in the orders.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. 2023/2017/JP seeking consent for the demolition of existing structures,...