SLD Development One Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1374

SLD Development One Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1374

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 granting leave to rely on amended plans, ordering costs thrown away, upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
20 July 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Agreement Under S 34(3) at or After Conciliation Conference
Outcome
The appeal is upheld and Development Application DA17/0198 is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Agreement Under S 34(3) at or After Conciliation Conference

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the applicant should be granted leave to rely on amended plans and whether Development Application DA17/0198 should be approved subject to conditions.']

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 granting leave to rely on amended plans, ordering costs thrown away, upholding the appeal and approving the development application subject to conditions.

Court Disposition

The appeal is upheld and Development Application DA17/0198 is approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely upon the amended plans referred to in condition 1 in the approved conditions at annexure "A".' "The applicant is to pay the respondent's costs thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $4,500 within 28 days." 'The...