STM 123 No. 6 Pty Ltd v Waverley Council [2016] NSWLEC 1628

STM 123 No. 6 Pty Ltd v Waverley Council [2016] NSWLEC 1628

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 making the final orders.

Jurisdiction
Australia
Judgment Date
19 December 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; costs thrown away ordered.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979." '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 making the final orders.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; costs thrown away ordered.

Orders

  • ["The Applicant is given leave to amend the development application by substituting the plans referred to in condition A1 in Annexure 'A'." 'The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment act 1979...