Sheffield Group NSW P/L v Cumberland Council [2018] NSWLEC 1523

Sheffield Group NSW P/L v Cumberland Council [2018] NSWLEC 1523

The appeal is upheld and development application approved as amended, as agreement was reached under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made such decision.

Parties
Applicant: Sheffield Group NSW P/L; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved as amended
Legal Topics
Development Application, Residential Flat Building, Conciliation Conference, Section 34 Agreement
Planning and Environment Development Application Residential Flat Building Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Sheffield Group NSW P/L

Applicant

Cumberland Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the appeal from refusal of development application should be upheld
  2. 2 Approval of amended development application following agreement under s 34(3) of Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and development application approved as amended, as agreement was reached under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made such decision.

Court Disposition

Appeal upheld; development application approved as amended

Orders

  • The Applicant is granted leave to amend the development application and rely upon specified plans in the proceedings.
  • The appeal is upheld.