Harwood v Sutherland Shire Council [2018] NSWLEC 1081

Harwood v Sutherland Shire Council [2018] NSWLEC 1081

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 proceedings were disposed of in accordance with that agreement without a merits assessment of the original disputed issues.

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979 After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'development Standards' 'costs Thrown Away']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'development Standards' 'costs Thrown Away']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the written requests to vary the height and floor space ratio development standards should be upheld.' 'Whether development application no. DA17/0158 should be approved subject to conditions.']

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 proceedings were disposed of in accordance with that agreement without a merits assessment of the original disputed issues.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in condition 1 of the conditions of consent contained in Annexure "A" and included at Annexure "B".' "The applicant is to pay the respondent's costs 'thrown away' as agreed or assessed as a result of the amendments referred to...