Pettersson v Hunter’s Hill Council [2018] NSWLEC 1104

Pettersson v Hunter’s Hill Council [2018] NSWLEC 1104

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 agreement, resulting in leave to amend the development application, the appeal being upheld, approval of Development Application 2017/1098 subject to conditions, and a costs order.

Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application 2017/1098 approved subject to conditions; applicant granted leave to amend the Development Application; applicant ordered to pay the respondent costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference 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 the proceedings should be disposed of in accordance with the parties' agreed decision."]

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 agreement, resulting in leave to amend the development application, the appeal being upheld, approval of Development Application 2017/1098 subject to conditions, and a costs order.

Court Disposition

Appeal upheld; Development Application 2017/1098 approved subject to conditions; applicant granted leave to amend the Development Application; applicant ordered to pay the respondent costs thrown away.

Orders

  • ['The applicant is granted leave to amend the Development Application and rely upon the plans referred to in Schedule 2 Part A Condition 2 of Annexure A.' 'The appeal is upheld.' 'Development Application 2017/1098 for the demolition of existing structures and construction of a new residential three storey single...