St Vincent de Paul Housing t/as Amelie Housing v Sutherland Shire Council [2018] NSWLEC 1144

St Vincent de Paul Housing t/as Amelie Housing v Sutherland Shire Council [2018] NSWLEC 1144

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders granting leave to amend the development application, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
21 March 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'seniors Housing Development' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'seniors Housing Development' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

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Procedural Posture

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

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 leave should be granted to amend the development application and development consent granted for Development Application No. DA17/0704.']

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders granting leave to amend the development application, upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend their development application in accordance with the plans referred to in condition 1 of Annexure A.' 'The appeal be upheld.' 'Development consent be granted to Development Application No. DA17/0704 for a seniors housing development comprising 36 dwellings including...