Ganis & Anor v Sutherland Shire Council [2016] NSWLEC 1188

Ganis & Anor v Sutherland Shire Council [2016] NSWLEC 1188

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after the conciliation conference, 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 giving effect to it.

Jurisdiction
Australia
Judgment Date
23 May 2016
Procedural Posture
Class 1 Development Modification Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Section 96(2) Modification Application dated 23 October 2015 approved; Development Consent No 14/0944 subject to consolidated, modified conditions.
Legal Topics
['development Modification' 'deferred Commencement Conditions' 'design Changes' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment' 'development Consent'] ['development Modification' 'deferred Commencement Conditions' 'design Changes' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Development Modification Appeal / Final Orders Following Conciliation Conference and Agreement 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 parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend the Section 96(2) Modification Application and rely on amended plans.' 'Whether the modification to Development Consent No DA14/0944 should be approved.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after the conciliation conference, 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 giving effect to it.

Court Disposition

Appeal upheld; Section 96(2) Modification Application dated 23 October 2015 approved; Development Consent No 14/0944 subject to consolidated, modified conditions.

Orders

  • ['The Applicant is granted leave to amend Section 96(2) Modification Application dated 23 October 2015 and to rely upon the amended plans listed in Annexure A.' 'The appeal is upheld.' 'Section 96(2) Modification Application dated 23 October 2015 to modify Development Consent No DA14/0944 for demolition for swimming...