Staldone Corporation Pty Ltd v Lane Cove Council [2018] NSWLEC 1384

Staldone Corporation Pty Ltd v Lane Cove Council [2018] NSWLEC 1384

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 by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; no order as to costs.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request']
['environmental and Planning Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the proceedings should be disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.' 'Whether development consent should be granted to Development Application No. DA50/2017 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 Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; no order as to costs.

Orders

  • ["The Applicant's written request under subclause 4.6(3) of Lane Cove Local Environmental Plan 2009 is upheld." 'The Appeal is upheld.' "Development consent is granted to Development Application No. DA50/2017 for the demolition of existing structures and construction of a part 4 and 5 storey residential flat...