Wang v Canterbury-Bankstown Council [2018] NSWLEC 1588

Wang v Canterbury-Bankstown Council [2018] NSWLEC 1588

Where parties agree to terms at a conciliation conference and the Court is satisfied it could have so decided, the Court must make orders giving effect to that agreement under s 34(3) of the LEC Act 1979; the amended application complies with statutory prerequisites and conditions can be imposed to address amenity and planning issues.

Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Appeal Development Application (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away by amendments.
Legal Topics
['development Application' 'conciliation Conference' 'planning Consent' 'appeal Against Refusal']
['planning and Environment'] ['development Application' 'conciliation Conference' 'planning Consent' 'appeal Against Refusal']

Case Brief

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Procedural Posture

Appeal Development Application (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted to DA 233/2015 for mixed use development' 'Whether jurisdictional prerequisites met under s 4.16(1) of EPA Act 1979 and s 7.4 of EPA Act 1979 for planning agreement' 'Whether the development is consistent with planning controls and results in no adverse amenity impacts']

Ratio Decidendi

Where parties agree to terms at a conciliation conference and the Court is satisfied it could have so decided, the Court must make orders giving effect to that agreement under s 34(3) of the LEC Act 1979; the amended application complies with statutory prerequisites and conditions can be imposed to address amenity and planning issues.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away by amendments.

Orders

  • ['Applicant granted leave to rely on specified plans and voluntary planning agreement letter.' "Applicant to pay respondent's costs thrown away by amendments." 'Appeal is upheld.' 'Development consent is granted to DA-233/2015 for demolition and construction of mixed use development at 857-875 Canterbury Road,...