Twenty Three Doody Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1632

Twenty Three Doody Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1632

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; accordingly, the proceedings were disposed of by making orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
09 November 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted; leave granted to rely on amended plans.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979 S 34(3) Orders']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979 S 34(3) Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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; accordingly, the proceedings were disposed of by making orders giving effect to that agreement.

Court Disposition

Appeal upheld; development consent granted; leave granted to rely on amended plans.

Orders

  • ['The appeal be upheld;' 'Development consent be granted to Development Application No. D/2016/1734 for demolition of existing warehouse building within the site and construction of a new four storey commercial building and two multi storey car stackers at Lots 1 DP 89681 known as 23-25 Doody Street, Alexandria NSW...