Strata Plan 87988 v Newcastle City Council [2023] NSWLEC 1307

Strata Plan 87988 v Newcastle City Council [2023] NSWLEC 1307

Because the parties' agreement to uphold the appeal and modify the Development Control Order was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
20 June 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Control Order NO2020/0094/A is modified.
Legal Topics
['development Control Order Appeal' 'fire Safety Upgrade Works' 'conciliation Conference' 'modification of Order']
['planning and Environment' 'development Control Orders'] ['development Control Order Appeal' 'fire Safety Upgrade Works' 'conciliation Conference' 'modification of Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Court could lawfully modify Development Control Order NO2020/0094/A under s 8.18(4) of the Environmental Planning and Assessment Act 1979 and s 39(2) of the Land and Environment Court Act 1979.']

Ratio Decidendi

Because the parties' agreement to uphold the appeal and modify the Development Control Order was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal is upheld and Development Control Order NO2020/0094/A is modified.

Orders

  • ['The appeal is upheld.' 'Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, Development Control Order NO2020/0094/A issued to the Applicant by the Respondent on 22 December 2022 pursuant to section 9.34(1)(b) of the Environmental Planning and Assessment Act 1979 in respect of the...