Touma Property Developments Pty Ltd v Georges River Council [2018] NSWLEC 1517

Touma Property Developments Pty Ltd v Georges River Council [2018] NSWLEC 1517

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 decision.

Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA2017/0663 approved subject to conditions; applicant ordered to pay respondent's costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and 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. DA2017/0663 should be approved subject to agreed conditions.']

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 decision.

Court Disposition

Appeal upheld; Development Application No. DA2017/0663 approved subject to conditions; applicant ordered to pay respondent's costs.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A" and annexed at Annexure "B".' 'The Appeal is upheld.' 'Development Application No. DA2017/0663 for the demolition of existing dwellings and structures and construction of a...