Riverstone Parade Pty Limited v Blacktown City Council [2016] NSWLEC 1553

Riverstone Parade Pty Limited v Blacktown City Council [2016] NSWLEC 1553

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 by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
22 November 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA16 03198 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; each party to pay its own costs.
Legal Topics
['development Application' 'subdivision' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment' 'land and Environment Court Proceedings'] ['development Application' 'subdivision' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA16 03198 / Final Orders Following Conciliation Conference and Agreement 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 that the Court could have made in the proper exercise of its functions.' 'Whether the proceedings should be disposed of in accordance with the 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 by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; each party to pay its own costs.

Orders

  • ['The appeal in respect of the property known as Lot 211, DP 830505 Riverstone Parade, Riverstone, is upheld.' 'Development application No. DA16/03198 for the subdivision of land into two separate lots is approved subject to the conditions contained in Annexure "A".' 'Each party pays its own costs of the proceedings.']