Zinnia Group Pty Ltd v Cumberland Council [2018] NSWLEC 1049

Zinnia Group Pty Ltd v Cumberland Council [2018] NSWLEC 1049

The parties having reached agreement at conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Court being satisfied it could make the orders, proceedings are disposed of in accordance with the agreement including granting development consent and costs.

Parties
Applicant: Zinnia Group Pty Ltd; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Appeal / Post Conciliation Conference, Consent Orders
Outcome
Appeal upheld; agreement embodied in Court's orders; development consent granted; costs ordered as agreed.
Legal Topics
Development Application, Section 34 Conciliation, Development Consent, Costs
Planning and Environment Law Development Application Section 34 Conciliation Development Consent Costs

Case Brief

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Parties

Zinnia Group Pty Ltd

Applicant

Cumberland Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference, Consent Orders

Legal Issues

  1. 1 Whether the parties reached agreement at conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court is satisfied to make orders disposing of the proceedings under the agreement

Ratio Decidendi

The parties having reached agreement at conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Court being satisfied it could make the orders, proceedings are disposed of in accordance with the agreement including granting development consent and costs.

Court Disposition

Appeal upheld; agreement embodied in Court's orders; development consent granted; costs ordered as agreed.

Orders

  • The Applicant is granted leave to amend the development application by substituting specified plans and documentation.
  • The appeal is upheld.