Regent Pacific Capital v Sutherland Shire Council [2016] NSWLEC 1429

The Court must give effect to the parties' agreement reached at or after a conciliation conference, provided it is satisfied the decision is one the Court could properly make.

Jurisdiction: Australia
Judgment Date: 15 September 2016
Procedural Posture: Appeal / Conciliation Conference; Final Orders
Outcome: Appeal upheld; development consent granted; costs ordered
Legal Topics: ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']

['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

1 ['Refusal of development application for demolition and mixed use construction' 'Acceptance of clause 4.6 submission in relation to height standard']

Ratio Decidendi

The Court must give effect to the parties' agreement reached at or after a conciliation conference, provided it is satisfied the decision is one the Court could properly make.

Court Disposition

Appeal upheld; development consent granted; costs ordered

Orders

['The Applicant is granted leave to rely upon amended plans referred to in Condition 1 of the annexed conditions of consent' "The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed" 'The Appeal is upheld'...