Thunderace Holdings Pty Ltd v Camden Council [2017] NSWLEC 1155

Thunderace Holdings Pty Ltd v Camden Council [2017] NSWLEC 1155

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
27 March 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 1362/2015, as amended, approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference 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 Development Application No. 1362/2015, as amended, should be approved subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. 1362/2015, as amended, approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. 1362/2015 and to rely upon the amended plans listed in the orders.' "The Applicant is to pay the Respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed."...