Urban Link Pty Ltd v Georges River Council [2018] NSWLEC 1317

Urban Link Pty Ltd v Georges River Council [2018] NSWLEC 1317

Under s 34(3) of the Land and Environment Court Act 1979, following agreement between the parties reached at a conciliation conference, the Court must dispose of the proceedings in accordance with the agreement if satisfied it is a decision the Court could have made, and must set out the terms of the decision in writing.

Parties
Applicant: Urban Link Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
27 June 2018
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld and development application approved subject to conditions; costs ordered against Applicant for amendment costs
Legal Topics
Development Application, Conciliation Conference, S 34(3) Land and Environment Court Act 1979, Costs
Planning and Environment Law Development Application Conciliation Conference S 34(3) Land and Environment Court Act 1979 Costs

Case Brief

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Parties

Urban Link Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether agreement under s 34(3) of the Land and Environment Court Act 1979 between the parties is acceptable to the Court and capable of being made as an order of the Court

Ratio Decidendi

Under s 34(3) of the Land and Environment Court Act 1979, following agreement between the parties reached at a conciliation conference, the Court must dispose of the proceedings in accordance with the agreement if satisfied it is a decision the Court could have made, and must set out the terms of the decision in writing.

Court Disposition

Appeal upheld and development application approved subject to conditions; costs ordered against Applicant for amendment costs

Orders

  • The Applicant is granted leave to amend the development application to rely upon specified plans.
  • The Applicant is to pay those costs of the Respondent thrown away pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979, as a result of amending the development application in accordance with Order (1) in the sum of $12,000.00 within 28 days.