Challa v Strathfield Council [2016] NSWLEC 1321

Challa v Strathfield Council [2016] NSWLEC 1321

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 decision and make orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
08 August 2016
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Orders Giving Effect to 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' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Orders Giving Effect to Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether consent should be granted for DA 2015/114 for demolition of existing dwellings at 6-8 Mintaro Avenue, Strathfield and construction of a new 3 storey residential flat building with single level basement parking.']

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 decision and make orders giving effect to the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend development application 2015/114 and to rely upon the amended plans listed in condition 1 of Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away pursuant to s 97B of the Environmental Planning and Assessment Act 1979, as agreed in the sum of $2,000."...