R N & N R Tolsons Management Pty Ltd v Penrith City Council [2018] NSWLEC 1382

R N & N R Tolsons Management Pty Ltd v Penrith City Council [2018] NSWLEC 1382

The proceeding was disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979, with approval of the amended development application, costs order, and conditions attached.

Source-derived case information.

Parties
Applicant: R N & N R Tolsons Management Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
25 July 2018
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs awarded to respondent
Legal Topics
Development Application, Conciliation Conference, Amendment of Application, Costs
Environmental Law Planning Law Development Application Conciliation Conference Amendment of Application Costs

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Parties

R N & N R Tolsons Management Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether parties can agree on the terms of a decision at conciliation conference under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Application for approval of amended development application
  3. 3 Entitlement to costs as a result of amendment

Ratio Decidendi

The proceeding was disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979, with approval of the amended development application, costs order, and conditions attached.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs awarded to respondent

Orders

  • The Applicant is granted leave to amend Development Application DA/17/0579 by substituting Drawing No. 94127:DA:1, revision G, prepared by McKinlay Morgan & Associates Pty Ltd, dated 25/6/2018.
  • Applicant to pay costs of the Respondent thrown away as a result of amending the application, in the agreed sum of $500 within 28 days.