Tribeca Property Developers Pty Ltd v Georges River Council [2018] NSWLEC 1344

Tribeca Property Developers Pty Ltd v Georges River Council [2018] NSWLEC 1344

The proceedings were disposed of by consent under s 34(3) of the Land and Environment Court Act 1979, as the agreement between parties was acceptable and the Court was satisfied it could have made such a decision in the proper exercise of its function. No merit assessment of the original dispute was made.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference Final Orders
Outcome
Appeal upheld by consent
Legal Topics
['development Application' 'conciliation Conference' 'variation of Development Standards' 'costs' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'variation of Development Standards' 'costs' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference Final Orders

Legal Issues

  1. 1 ['Whether the amended plans may be relied upon' 'Whether variations to minimum lot size and maximum building height standards should be upheld' 'Whether the appeal against refusal should be upheld' 'Costs payable for amendments not minor under s 8.15(3) Environmental Planning & Assessment Act 1979']

Ratio Decidendi

The proceedings were disposed of by consent under s 34(3) of the Land and Environment Court Act 1979, as the agreement between parties was acceptable and the Court was satisfied it could have made such a decision in the proper exercise of its function. No merit assessment of the original dispute was made.

Court Disposition

Appeal upheld by consent

Orders

  • ['Applicant granted leave to rely on amended plans and documents as filed with the Court on 6 July 2018 and referred to in condition 1 of Annexure A.' "The amendments to the plans are not minor; Applicant to pay Respondent's costs in the sum of $6000.00 within 21 days pursuant to s 8.15(3) of the Environmental...