Cranney v The Council of Camden [2018] NSWLEC 1486

Cranney v The Council of Camden [2018] NSWLEC 1486

Because the parties reached 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 the agreement and make orders upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Class 1 Development Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application 2016/1034/1 approved subject to conditions.
Legal Topics
['development Application' 'strata Subdivision' 'change of Use' 'conciliation Conference' 'orders by Agreement']
['planning and Environment Law'] ['development Application' 'strata Subdivision' 'change of Use' 'conciliation Conference' 'orders by Agreement']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether Development Application 2016/1034/1 for a change of use to semi-detached dwellings and strata subdivision should be approved on terms agreed between the parties.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

Because the parties reached 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 the agreement and make orders upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; Development Application 2016/1034/1 approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1(1) of Annexure "A" to this agreement.' 'The Appeal is upheld.' 'Development Application 2016/1034/1 for a change of use to semi-detached dwellings and strata subdivision at 14 Davidson...