Chandra v Campbelltown City Council [2021] NSWLEC 1471

Chandra v Campbelltown City Council [2021] NSWLEC 1471

The parties reached agreement at the s 34 conciliation conference; there were no jurisdictional matters preventing determination of the appeal under s 8.18(4) of the Environmental Planning and Assessment 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, requiring the proceedings to be disposed of in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
18 August 2021
Procedural Posture
Class 1 Appeal Against a Development Control Order / Orders Following S 34 Conciliation Conference
Outcome
Appeal upheld; each party to pay its own costs; Development Control Order modified.
Legal Topics
['development Control Order' 'conciliation Conference' 'agreement Between the Parties' 'unauthorised Structures' 'modification of Order']
['planning and Environment Law'] ['development Control Order' 'conciliation Conference' 'agreement Between the Parties' 'unauthorised Structures' 'modification of Order']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Orders Following S 34 Conciliation Conference

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at the conciliation conference." "Whether the parties' decision was one the Court could have made in the proper exercise of its functions."]

Ratio Decidendi

The parties reached agreement at the s 34 conciliation conference; there were no jurisdictional matters preventing determination of the appeal under s 8.18(4) of the Environmental Planning and Assessment 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, requiring the proceedings to be disposed of in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; each party to pay its own costs; Development Control Order modified.

Orders

  • ['The appeal is upheld.' 'Each party is to pay its own costs.' 'The terms of the Development Control Order issued by the Respondent to the Applicant under s 9.34 and Schedule 5 of the Environmental Planning and Assessment Act 1979 on 17 February 2021 in relation to 35 Limonite Place, Eagle Vale NSW 2558 are...