Signature Properties No. 7 Pty Ltd v Blacktown City Council [2018] NSWLEC 1203

Signature Properties No. 7 Pty Ltd v Blacktown City Council [2018] NSWLEC 1203

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 the agreement.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 April 2018
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
The appeal is upheld and Development Application No. DA-17-01202 is approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'torrens Title Subdivision' 'residential Development' 'conciliation Conference' 'consent Orders' 'costs']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'torrens Title Subdivision' 'residential Development' 'conciliation Conference' 'consent Orders' 'costs']

Source-derived case record

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Procedural Posture

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

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 the agreed decision was one 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 the agreement.

Court Disposition

The appeal is upheld and Development Application No. DA-17-01202 is approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to rely upon the amended material listed in the orders.' 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental Planning Assessment Act 1979 in the agreed amount of $8,000.00 within 28 days of the date of these Orders."...