Zhou v Hunter’s Hill Council [2018] NSWLEC 1330

Zhou v Hunter’s Hill Council [2018] NSWLEC 1330

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 proceedings were disposed of in accordance with that agreement by granting leave to amend the development application, upholding the appeal, and approving Development Application DA2017/1171 subject to conditions.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA2017/1171 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'approval Subject to Conditions']
['environmental and Planning Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'approval Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' 'Whether leave should be granted to amend the development application and rely on the plans identified in the orders.' 'Whether Development Application DA2017/1171 should be approved subject to 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 proceedings were disposed of in accordance with that agreement by granting leave to amend the development application, upholding the appeal, and approving Development Application DA2017/1171 subject to conditions.

Court Disposition

Appeal upheld; Development Application DA2017/1171 approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely upon the plans at Annexure "A" and referred to in Schedule 2 Part A Condition 2 of Annexure "B".' 'The Appeal is upheld.' 'Development Application DA2017/1171 for the demolition of existing dwelling and ancillary structures and...