Cui v Canterbury-Bankstown Council [2018] NSWLEC 1090

Cui v Canterbury-Bankstown Council [2018] NSWLEC 1090

The Court was satisfied that the agreement reached between the parties under s 34(3) was one that the Court could properly make and, in compliance with the Act, made orders to give effect to that agreement.

Jurisdiction
Australia
Judgment Date
26 February 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld by agreement; development application approved subject to conditions; costs ordered against applicant
Legal Topics
['development Application' 'conciliation Conference' 'costs']
['planning and Environment'] ['development Application' 'conciliation Conference' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 should be disposed of by the Court']

Ratio Decidendi

The Court was satisfied that the agreement reached between the parties under s 34(3) was one that the Court could properly make and, in compliance with the Act, made orders to give effect to that agreement.

Court Disposition

Appeal upheld by agreement; development application approved subject to conditions; costs ordered against applicant

Orders

  • ['The Applicant is granted leave to amend the development application in accordance with the plans referred to in condition 1 of Annexure "A".' 'The Appeal is upheld.' "The Applicant is to pay the Respondent's costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the sum of $1,000.00...