Shayben Construction Pty Ltd v Georges River Council [2017] NSWLEC 1026

Shayben Construction Pty Ltd v Georges River Council [2017] NSWLEC 1026

The appeal is upheld and the development application is approved because the parties reached agreement at conciliation and the Court was satisfied the decision was one within its powers, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Shayben Construction Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
24 January 2017
Procedural Posture
Development Application Appeal / Conciliation Conference With Agreement Reached and Orders Made
Outcome
Appeal upheld and development application approved subject to conditions and plans attached in annexures.
Legal Topics
Conciliation Conference, Development Application, Agreement Between Parties
Planning and Environment Conciliation Conference Development Application Agreement Between Parties

Case Brief

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Parties

Shayben Construction Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference With Agreement Reached and Orders Made

Legal Issues

  1. 1 Whether the parties could reach an agreement in conciliation under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court should make orders giving effect to the agreement under s 34(3)

Ratio Decidendi

The appeal is upheld and the development application is approved because the parties reached agreement at conciliation and the Court was satisfied the decision was one within its powers, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development application approved subject to conditions and plans attached in annexures.

Orders

  • The appeal is upheld.
  • Application number DA 110/2016 for the proposed construction of an additional 3 levels (7 units) on a residential flat building at 4 St Georges Parade, Hurstville, is approved subject to: (1) conditions contained in Annexure 'A'; (2) plans contained in Annexure 'B'.