Terry Road Development Pty Ltd v Blacktown City Council [2018] NSWLEC 1226

Terry Road Development Pty Ltd v Blacktown City Council [2018] NSWLEC 1226

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 agreement and make orders approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'residential Flat Buildings' 'conciliation Conference' 'agreement Between Parties' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'residential Flat Buildings' 'conciliation Conference' 'agreement Between Parties' 'consent Orders' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by 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 under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 agreement and make orders approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 2.1 of Annexure "A" to this agreement.' 'The Appeal is upheld.' 'Development Application Number SPP-17-00003 for the demolition of existing structures and the construction of 3 x 4 storey residential...