Top One Pty Ltd v Parramatta City Council [2018] NSWLEC 1201

Top One Pty Ltd v Parramatta City Council [2018] NSWLEC 1201

As the Court was satisfied that the terms of the agreement reached under s 34(3) of the Land and Environment Court Act 1979 were ones it could have made, it was required to dispose of the proceedings accordingly and grant the modifications to remove the trial period condition as agreed.

Parties
Applicant: Top One Pty Ltd; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
23 April 2018
Procedural Posture
Class 1 Modification Application Appeal / Final Orders After Conciliation Conference and Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld; modification granted by agreement; orders made per s 34(3)
Legal Topics
Development Consent, Modification Application, Trial Period Removal, Consent Condition, Section 34(3) Agreement
Planning and Environment Development Consent Modification Application Trial Period Removal Consent Condition Section 34(3) Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Top One Pty Ltd

Applicant

Parramatta City Council

Respondent

Procedural Posture

Class 1 Modification Application Appeal / Final Orders After Conciliation Conference and Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the trial period condition on development consent should be removed
  2. 2 Whether agreement under s 34(3) can dispose of the proceedings

Ratio Decidendi

As the Court was satisfied that the terms of the agreement reached under s 34(3) of the Land and Environment Court Act 1979 were ones it could have made, it was required to dispose of the proceedings accordingly and grant the modifications to remove the trial period condition as agreed.

Court Disposition

Appeal upheld; modification granted by agreement; orders made per s 34(3)

Orders

  • The appeal in respect of Lot 6 in DP 16541 at 1 Nirvana Street, Pendle Hill, is upheld.
  • Modification Application No. DA 5/2008/E to modify Development Consent DA/5/2008 to remove the two-year trial period referred to in Condition 2 is determined by approving the modifications set out in Annexure 'A'.