Ron Foley v Randwick City Council [2016] NSWLEC 1395

Ron Foley v Randwick City Council [2016] NSWLEC 1395

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, without making a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
23 August 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
The appeal is upheld and consent is granted to the s96 modification application to delete condition 2(a) of development consent DA 373/2015/A, subject to the amended conditions of consent in annexure "A".
Legal Topics
['development Application' 'section 96 Modification Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'section 96 Modification Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']

Case Brief

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Procedural Posture

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

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 parties' agreement."]

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, without making a merit assessment of the issues originally in dispute.

Court Disposition

The appeal is upheld and consent is granted to the s96 modification application to delete condition 2(a) of development consent DA 373/2015/A, subject to the amended conditions of consent in annexure "A".

Orders

  • ['The appeal is upheld.' 'Consent is granted to the s96 modification application to delete condition 2(a) of development consent DA 373/2015/A, subject to the amended conditions of consent in annexure "A".']