Satmell Investments Pty Ltd v Fairfield City Council [2018] NSWLEC 1388

Satmell Investments Pty Ltd v Fairfield City Council [2018] NSWLEC 1388

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms of a decision acceptable to them, 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 therefore had to be disposed of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 July 2018
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA 226.1/2017 approved subject to conditions of consent in Annexure 'A'.
Legal Topics
['development Application' 'development Appeal' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'development Appeal' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Source-derived case record

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Procedural Posture

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

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 disposing of the proceedings"]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 on terms of a decision acceptable to them, 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 therefore had to be disposed of in accordance with that agreed decision, without any merits assessment of the originally disputed issues.

Court Disposition

Appeal upheld; Development Application No. DA 226.1/2017 approved subject to conditions of consent in Annexure 'A'.

Orders

  • ['The Applicant is granted leave to amend the development appeal application by substituting the plans in column A for the plans in column B as set out in the orders.' 'The appeal is upheld.' "Development Application No. DA 226.1/2017 for a mixed use facility comprising 8 general industry/warehouse units, 24...