Sydney Machinery Hire Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1551

Sydney Machinery Hire Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1551

The proceeding was disposed of in accordance with the agreement reached by the parties at conciliation under s 34(3) of the Land and Environment Court Act 1979; amended development application granted and costs ordered in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
15 October 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; amended development application approved subject to conditions; costs ordered
Legal Topics
['development Application' 'conciliation Conference' 'appeal Against Refusal' 'amendment of Development Application' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'appeal Against Refusal' 'amendment of Development Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted for use of premises as light industrial for lease of construction equipment' 'Whether amended development application should be allowed' 'Whether costs should be awarded for amending application']

Ratio Decidendi

The proceeding was disposed of in accordance with the agreement reached by the parties at conciliation under s 34(3) of the Land and Environment Court Act 1979; amended development application granted and costs ordered in accordance with the agreement.

Court Disposition

Appeal upheld; amended development application approved subject to conditions; costs ordered

Orders

  • ['Applicant given leave to amend the development application and rely on specified plans' "Applicant to pay Respondent's costs thrown away due to amendment in the amount of $6,000 within 28 days" 'Appeal upheld' 'Development application DA-167/2017 approved subject to conditions in Annexure A']