Lees v Blacktown City Council [2016] NSWLEC 1487

Lees v Blacktown City Council [2016] NSWLEC 1487

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
12 October 2016
Procedural Posture
Class 1 Development Appeal Concerning Development Application No. 2016 03667 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 2016-03667 approved subject to conditions contained at Annexure A.
Legal Topics
['development Application' 'torrens Title Subdivision' 'drainage' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'torrens Title Subdivision' 'drainage' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Appeal Concerning Development Application No. 2016 03667 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. 2016-03667 for a two lot Torrens Title subdivision should be approved subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 2016-03667 approved subject to conditions contained at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2016-03667 for the proposed Torrens Title subdivision of the existing lot (Lot 85 in Deposited Plan 11508) into 2 lots, on land known as 52 Cornelia Road, Toongabbie, is approved subject to the conditions contained at Annexure "A".']