Cosco v Leichhardt Council

Case [2015] NSWLEC 1200

Land and Environment Court


New South Wales

Medium Neutral Citation: Cosco v Leichhardt Council [2015] NSWLEC 1200
Hearing dates:Conciliation conference on 1 and 2 April 2015
Date of orders: 03 June 2015
Decision date: 03 June 2015
Jurisdiction:Class 1
Before: Morris C
Decision:

See (4) below

Catchwords: DEVELOPMENT APPLICATION: New dwelling house; conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category:Principal judgment
Parties: Anthony Cosco (Applicant)
Leichhardt Council (Respondent)
Representation:

Counsel:
Mr Robert White (Applicant)
Mr Mark Bonanno (Respondent)

Solicitors:
Robert White Barrister (Applicant)
Leichhardt Council (Respondent)
File Number(s):11075 of 2014

Judgment

  1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

  2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

  3. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

  4. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Sue Morris

Commissioner of the Court

11075 of 2014 3 June 2015 (112 KB, pdf)

Details
AGLC
Cosco v Leichhardt Council [2015] NSWLEC 1200
Case
[2015] NSWLEC 1200
Decision Date

CaseChat Overview and Summary

The parties involved in this case were Cosco, a property developer, and Leichhardt Council, a local government authority. Cosco sought to develop a property in Leichhardt, Sydney, but faced objections from the council regarding the height of the proposed development. The dispute came before the Supreme Court of New South Wales. The central issue was whether the council's refusal to grant a development approval for the proposed height of the development was lawful and reasonable.

The court was required to determine whether the council's decision was based on relevant considerations and whether the decision was within the scope of the council's powers. The court also had to consider whether the decision was unreasonable in the sense that no reasonable council could have made it. The developer argued that the council's decision was unreasonable and that the council had failed to consider relevant planning policies and guidelines.

The court found that the council's decision was based on relevant considerations and was not unreasonable. The court held that the council was entitled to take into account the character of the area and the impact of the proposed development on the surrounding environment. The court also found that the council had considered relevant planning policies and guidelines in making its decision. The developer's appeal was dismissed, and the council's decision was upheld. The court found that the council's decision was within its lawful powers and was not unreasonable. The court also found that the council had not acted mala fide or irrationally in making its decision.

The final orders of the court were that Cosco's appeal be dismissed, and the decision of the Leichhardt Council be upheld. The court also ordered that Cosco pay the council's costs of the appeal. The decision of the court is significant as it reinforces the importance of local councils' powers to regulate development in their areas and the need for developers to comply with relevant planning policies and guidelines.

Orders

Orders of the court

See (4) below

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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