Caristo v Georges River Council [2016] NSWLEC 1292

Caristo v Georges River Council [2016] NSWLEC 1292

The Court upheld the appeal and disposed of the proceedings in accordance with the agreement reached by the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied the decision could properly be made by the Court.

Parties
Applicant: Vincent Caristo; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Appeal of Development Application Refusal / Disposition Following Conciliation Conference With Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld by consent. Development consent granted subject to agreed conditions.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Orders on Consent
Planning and Environment Law Development Application Conciliation Conference Agreement Between Parties Orders on Consent

Case Brief

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Parties

Vincent Caristo

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal of Development Application Refusal / Disposition Following Conciliation Conference With Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the appeal should be upheld by consent under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court can properly make the orders agreed between the parties

Ratio Decidendi

The Court upheld the appeal and disposed of the proceedings in accordance with the agreement reached by the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied the decision could properly be made by the Court.

Court Disposition

Appeal upheld by consent. Development consent granted subject to agreed conditions.

Orders

  • The appeal is upheld.
  • Development Consent is granted to DA2015/0404 for demolition of existing structures and construction of a new two storey dwelling with in-ground swimming pool and cabana to the rear at 102 Gungah Bay Road, Oatley subject to the conditions of consent as set out in Annexure 'A'.