Pioneer Street Development Pty Ltd v Blacktown City Council [2018] NSWLEC 1368

Pioneer Street Development Pty Ltd v Blacktown City Council [2018] NSWLEC 1368

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could be properly made by the Court, orders were made in those terms, approving the amended development application, upholding the clause 4.6 request, awarding costs and granting approval for the development proposed.

Jurisdiction
Australia
Judgment Date
20 July 2018
Procedural Posture
Development Application Appeal / Orders Following Conciliation Conference, Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld, development application approved subject to conditions by agreement, costs to respondent
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979 S34' 'costs']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979 S34' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Orders Following Conciliation Conference, Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether terms of settlement under s 34(3) of the Land and Environment Court Act 1979 can be approved and orders made accordingly' 'Whether leave should be granted to amend development application' 'Whether clause 4.6 height control variation should be upheld']

Ratio Decidendi

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could be properly made by the Court, orders were made in those terms, approving the amended development application, upholding the clause 4.6 request, awarding costs and granting approval for the development proposed.

Court Disposition

Appeal upheld, development application approved subject to conditions by agreement, costs to respondent

Orders

  • ['The Applicant is granted leave to amend development application No. DA-17-01927 and to rely upon the amended plans and further documents listed in the orders.' "The Applicant is to pay the Respondent's costs under s.8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." "The...