Rustrum Pty Ltd v Central Coast Council [2017] NSWLEC 1511

Rustrum Pty Ltd v Central Coast Council [2017] NSWLEC 1511

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; accordingly, the proceedings were required to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to rely on amended plans; consent granted to development application 731/2016 subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions.' 'Whether the proceedings should be disposed of in accordance with the agreed decision.']

Ratio Decidendi

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; accordingly, the proceedings were required to be disposed of in accordance with that decision.

Court Disposition

Appeal upheld; leave granted to rely on amended plans; consent granted to development application 731/2016 subject to conditions.

Orders

  • ['The appeal is upheld.' 'Leave is granted to the applicant to rely on the amended plans referred to in condition 2 of annexure "A".' 'Consent is granted to development application 731/2016, for a mixed use development comprising 71 residential units, 38 tourist accommodation units, commercial premises with basement...