Riverstone Parade Pty Limited v Blacktown City Council [2016] NSWLEC 1552

Riverstone Parade Pty Limited v Blacktown City Council [2016] NSWLEC 1552

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms acceptable to them, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
22 November 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da16/03042 / 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' 'bulk Earthworks' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['planning and Environment Law'] ['development Application' 'bulk Earthworks' 'conciliation Conference' 'agreement Between the Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da16/03042 / 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 appeal against refusal of DA16/03042 for bulk earthworks to create areas for future development at 81 Riverstone Parade, Riverstone should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms acceptable to them, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement.

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, 81 Riverstone Parade, Riverstone, is upheld.' 'Development application No. DA16/03042 for the bulk earthworks to create areas for future development, including associated vegetation removal, site remediation, upgrades to the electrical transmission...