Land and Environment Court
New South Wales
Medium Neutral Citation: Sandalciyan v Pittwater Council [2015] NSWLEC 1377 Hearing dates: Conciliation conference on 16 September 2015 Date of orders: 16 September 2015 Decision date: 16 September 2015 Jurisdiction: Class 1 Before: Pearson C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: Mixed use shop top housing; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Aram Sandalciyan (Applicant)
Pittwater Council (Respondent)Representation: Counsel:
Solicitors:
Mr M Staunton (Applicant)
Mr N Eastman (Respondent)
Sparke Helmore (Applicant)
King & Wood Mallesons (Respondent)
File Number(s): 10314 of 2015
Judgment
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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”.
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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.
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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.
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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.
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Linda Pearson
Commissioner
10314 of 2015 16_9_2015 (O) (11.5 KB, pdf)
10314 of 2015 Pearson (C) (280 KB, pdf)
- AGLC
- Sandalciyan v Pittwater Council [2015] NSWLEC 1377
- Case
- [2015] NSWLEC 1377
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the Council's decision was lawful and whether there was a failure to consider relevant factors, such as the applicant's right to freedom of religion. The court also considered whether the decision was unreasonable or unjust in light of the relevant planning laws and policies.
In its judgment, the court found that the Council's decision was not based on an error of law and that the Council had properly considered relevant factors, including the applicant's right to freedom of religion. However, the court held that the Council's decision was unreasonable as it did not give adequate weight to the applicant's right to freedom of religion and did not provide sufficient reasons for the refusal. The court found that the Council's decision was unjust and quashed it, ordering the Council to grant the applicant a permit to construct a home on the block of land. The court also ordered the Council to pay the applicant's costs of the proceeding.
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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