Thirdi Union Street Pty Ltd v Newcastle City Council [2018] NSWLEC 1519

Thirdi Union Street Pty Ltd v Newcastle City Council [2018] NSWLEC 1519

Where the parties have reached an agreement at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the court is satisfied that the decision is one it could have made, the proceedings must be disposed of in accordance with the agreement, and the court must set out the terms of the decision in writing.

Parties
Applicant: Thirdi Union Street Pty Ltd; Respondent: Newcastle City Council
Jurisdiction
Australia
Judgment Date
03 October 2018
Procedural Posture
Class 1 / Conciliation Conference; Orders on Agreement
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement, Appeal
Planning and Environment Development Application Conciliation Conference Section 34 Agreement Appeal

Case Brief

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Parties

Thirdi Union Street Pty Ltd

Applicant

Newcastle City Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference; Orders on Agreement

Legal Issues

  1. 1 Whether the conciliated agreement is suitable for disposal of the proceedings under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Where the parties have reached an agreement at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the court is satisfied that the decision is one it could have made, the proceedings must be disposed of in accordance with the agreement, and the court must set out the terms of the decision in writing.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld; Development Application No. DA2017/01532 for the demolition of structures and erection of a mixed use development (including a 13-storey building and a 14-storey building) consisting of 112 residential units, two retail/commercial units and associated car parking on specified land is approved...