Pitt 88 Pty Ltd v Cumberland Council [2017] NSWLEC 1242

Pitt 88 Pty Ltd v Cumberland Council [2017] NSWLEC 1242

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 therefore disposed of in accordance with the agreed decision, without a merits assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
15 May 2017
Procedural Posture
Class 1 Development Application Appeal Concerning a Modification Application / Final Orders Following a Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application No. DA2014/86/4 approved; Development Consent No. DA2014/86/1 made subject to consolidated, modified conditions of consent.
Legal Topics
['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "Whether Modification Application No. DA2014/86/4 should be approved in accordance with the parties' agreement."]

Ratio Decidendi

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 therefore disposed of in accordance with the agreed decision, without a merits assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; Modification Application No. DA2014/86/4 approved; Development Consent No. DA2014/86/1 made subject to consolidated, modified conditions of consent.

Orders

  • ['Leave is granted to substitute the listed plans and documents for the plans and documents that are the subject of Modification Application No. DA2014/86/4.' 'The appeal is upheld.' 'Modification Application No. DA2014/86/4 to modify Development Consent No. DA2014/86/1 by changing the use of level 3 of the approved...