Chen v City of Canada Bay Council [2017] NSWLEC 1076

Chen v City of Canada Bay Council [2017] NSWLEC 1076

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 February 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No 2016/0026 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No 2016/0026 approved subject to conditions; applicant granted leave to rely on amended plans; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'boarding House' 'demolition of Existing Structures' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'boarding House' 'demolition of Existing Structures' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No 2016/0026 / Final Orders Following Conciliation Conference and 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 under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No 2016/0026 should be approved subject to agreed conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No 2016/0026 approved subject to conditions; applicant granted leave to rely on amended plans; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The Appeal is upheld.' 'Development Application No 2016/0026 for demolition of existing structures and construction of a two (2) storey boarding house containing twenty-five (25) x rooms comprising fourteen (14) x single rooms and eleven (11) x double rooms above one (1) level of basement parking for six (6) x...