Tricon Management Group Pty Ltd v Waverley Council [2019] NSWLEC 1526

Tricon Management Group Pty Ltd v Waverley Council [2019] NSWLEC 1526

Because the parties reached agreement at a s 34 conciliation conference, the Commissioner was satisfied that the relevant environmental planning requirements and pre-jurisdictional requirements had been met and that the agreed decision was one the Court could make in the proper exercise of its functions; the Court was therefore required to dispose of the proceedings in accordance with the parties' decision and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
01 November 2019
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Orders
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'affordable Housing' 'development Consent' 'conciliation Conference' 'agreed Orders' 'costs Thrown Away']
['environmental and Planning Law'] ['development Application' 'affordable Housing' 'development Consent' 'conciliation Conference' 'agreed Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Orders

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the preconditions to granting development consent had been met.' 'Whether leave should be granted for the Applicant to rely on amended plans and documents.' 'Whether costs thrown away as a result of amending the development application should be paid.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference, the Commissioner was satisfied that the relevant environmental planning requirements and pre-jurisdictional requirements had been met and that the agreed decision was one the Court could make in the proper exercise of its functions; the Court was therefore required to dispose of the proceedings in accordance with the parties' decision and grant development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and documents referred to in condition 1 of the conditions of consent at Annexure "A".' 'Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as...