Shorter Developments Pty Ltd v The City of Canterbury Bankstown [2017] NSWLEC 1373

Shorter Developments Pty Ltd v The City of Canterbury Bankstown [2017] NSWLEC 1373

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 upholding the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA 500/2016 approved subject to conditions set out in Annexure "A".
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Development' 'land and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA 500/2016 approved subject to conditions set out in Annexure "A".

Orders

  • ['Leave is granted for the Applicant to amend its development application to rely upon the amended plans referred to in condition 5 of Annexure "A".' 'The Appeal is upheld.' 'Development Application No. DA 500/2016 for demolition of existing structures across two lots of land and construction of 18 new townhouses...