Unity Link (Vic) Pty Ltd v Cumberland Council [2018] NSWLEC 1349

Unity Link (Vic) Pty Ltd v Cumberland Council [2018] NSWLEC 1349

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the Court could make the decision, therefore the appeal is upheld and the development application is approved subject to conditions.

Parties
Applicant: Unity Link (Vic) Pty Ltd; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
09 July 2018
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement
Environmental Law Planning Law Development Application Conciliation Conference Section 34 Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Unity Link (Vic) Pty Ltd

Applicant

Cumberland Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development application DA 454/2017 should be approved
  2. 2 Whether the agreement reached at conciliation satisfies s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the Court could make the decision, therefore the appeal is upheld and the development application is approved subject to conditions.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • The Applicant is given leave to amend the development application and rely upon specified plans.
  • The appeal is upheld.