Sell & Parker Pty Ltd v Minister for Planning [2017] NSWLEC 1586

Sell & Parker Pty Ltd v Minister for Planning [2017] NSWLEC 1586

The Court, being satisfied that the agreement between the parties reached under s 34(3) of the Land and Environment Court Act 1979 was a decision it could have made, disposed of the proceedings in accordance with this agreement, making orders for reliance on amended plans, payment of costs, and approval of the modification application.

Parties
Applicant: Sell and Parker Pty Ltd (ACN 000 101 315); Respondent: Minister for Planning
Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Class 1 / Post Conciliation Conference Orders
Outcome
Appeal upheld; modification application approved subject to conditions; costs order against the applicant.
Legal Topics
Development Application, Conciliation Conference, Approval of Modified Application, Costs
Planning and Environment Development Application Conciliation Conference Approval of Modified Application Costs

Case Brief

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Parties

Sell and Parker Pty Ltd (ACN 000 101 315)

Applicant

Minister for Planning

Respondent

Procedural Posture

Class 1 / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether an agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the Court and can be given effect through final orders.

Ratio Decidendi

The Court, being satisfied that the agreement between the parties reached under s 34(3) of the Land and Environment Court Act 1979 was a decision it could have made, disposed of the proceedings in accordance with this agreement, making orders for reliance on amended plans, payment of costs, and approval of the modification application.

Court Disposition

Appeal upheld; modification application approved subject to conditions; costs order against the applicant.

Orders

  • Leave is granted to the Applicant to rely on specified amended plans and documents.
  • The Applicant is to pay the Respondent's costs thrown away by reason of the amended plans and documents as agreed or assessed under section 97B of the Environmental Planning and Assessment Act 1979.