Platinum Property Advisors Pty Ltd v Minister for Planning [2018] NSWLEC 1138

Platinum Property Advisors Pty Ltd v Minister for Planning [2018] NSWLEC 1138

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 was required to dispose of the proceedings in accordance with that decision and make orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
22 March 2018
Procedural Posture
Class 1 Development Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; SEPP 1 objections in relation to Height and Floor Space Ratio upheld; development consent granted subject to conditions.
Legal Topics
['conciliation Conference' 'agreement Between Parties' 'development Application' 'sepp 1 Objections' 'slip Rule Amendment']
['planning and Environment Law' 'development Consent' 'civil Procedure'] ['conciliation Conference' 'agreement Between Parties' 'development Application' 'sepp 1 Objections' 'slip Rule Amendment']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Orders Following Conciliation Conference and 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 the Court could have made in the proper exercise of its functions.' 'Whether orders should be made to give effect to the agreement, including leave to rely on amended plans, upholding SEPP 1 objections, upholding the appeal and granting development consent.']

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 was required to dispose of the proceedings in accordance with that decision and make orders giving effect to the agreement.

Court Disposition

Appeal upheld; SEPP 1 objections in relation to Height and Floor Space Ratio upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans listed in condition A2 to Annexure A.' 'The SEPP 1 objections in relation to Height and Floor Space Ratio are upheld.' 'The appeal is upheld.' 'Development consent is granted to SSD 15_7064 for a mixed use development involving demolition of existing...