El Badar v Canterbury Bankstown Council [2016] NSWLEC 1252

The Court, being satisfied that the agreement under s 34(3) of the Land and Environment Court Act 1979 is a decision it could properly make, issues orders disposing of the proceedings accordingly without making a merit assessment.

Jurisdiction: Australia
Judgment Date: 17 June 2016
Procedural Posture: Development Application Appeal / Consent Orders After Conciliation Conference
Outcome: Appeal upheld by consent; development application approved with conditions; costs payable by applicant as agreed or assessed.
Legal Topics: ['development Application' 'conciliation Conference' 'court Approval of Agreement']

['planning and Environment'] ['development Application' 'conciliation Conference' 'court Approval of Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Consent Orders After Conciliation Conference

Legal Issues

1 ['Whether the agreement reached under s 34(3) of the Land and Environment Court Act 1979 is one the Court could have made']

Ratio Decidendi

Court Disposition

Appeal upheld by consent; development application approved with conditions; costs payable by applicant as agreed or assessed.

Orders

["The Applicant is granted leave to amend Development Application DA 107/2015 in accordance with the plans and documentation set out in condition 6 of the conditions annexed at 'A' to this agreement." "The Applicant is to pay the Respondent's costs arising under section 97B of the Environmental Planning and...