Karavelas v Georges River Council [2017] NSWLEC 1414

Karavelas v Georges River Council [2017] NSWLEC 1414

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
07 August 2017
Procedural Posture
Class 1 Modification Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; consent granted to the modification application; development consent 78/2016 made subject to consolidated conditions of consent at Annexure A.
Legal Topics
['modification Application' 'development Consent' 'section 94 Contributions' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['modification Application' 'development Consent' 'section 94 Contributions' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Modification Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether consent should be granted to modify development application no. 9/2016/78/1 to amend condition 4 and delete conditions 13, 14 and 15 for 19-23 Bembridge Street, Carlton NSW 2218.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreed decision.

Court Disposition

Appeal upheld; consent granted to the modification application; development consent 78/2016 made subject to consolidated conditions of consent at Annexure A.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure "A" and included at Annexure "B".' 'The appeal is upheld.' 'Consent is granted to application no. 9/2016/78/2 for the modification of a development application no 9/2016/78/1...