Sivabalakan v Cumberland Council [2018] NSWLEC 1572

Sivabalakan v Cumberland Council [2018] NSWLEC 1572

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 proceedings were disposed of in accordance with that agreement by granting leave to amend the development application, upholding the appeal, and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 November 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for the amended development application for 1 Patricia Street, Mays Hill.']

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 proceedings were disposed of in accordance with that agreement by granting leave to amend the development application, upholding the appeal, and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 2 of Annexure "A".' 'The appeal is upheld.' 'Development consent is granted to Development Application No. 2017/382/1 seeking consent for the demolition of existing structures and...