Ramm Investments Pty Ltd v Campbelltown City Council [2018] NSWLEC 1427

Ramm Investments Pty Ltd v Campbelltown City Council [2018] NSWLEC 1427

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the Court was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
15 August 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 4202/2016 approved subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the Court was required to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; Development Application No. 4202/2016 approved subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A".' 'The appeal is upheld.' 'Development Application No. 4202/2016 for the construction of 22 dwellings with basement car parking and road works in Collis Place and landscaping works at 124 Minto Road, Minto is...