Sivabalakan v Cumberland Council [2016] NSWLEC 1612

Sivabalakan v Cumberland Council [2016] NSWLEC 1612

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 Court disposed of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
19 December 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No 2016/180/1 / 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' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'demolition of Existing Structures']
['planning and Environment' 'development Consent'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'demolition of Existing Structures']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No 2016/180/1 / 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 demolition of existing structures and construction of a residential flat building at 28 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 Court disposed of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the listed plans and documentation as the plans and documentation relied upon for the purpose of the development application.' 'The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development...