Land and Environment Court
New South Wales
Medium Neutral Citation: Stanley Home Units Limited v The Council of the City of Sydney [2018] NSWLEC 1341 Hearing dates: Conciliation conference on 26 June, 3 July 2018 Date of orders: 10 July 2018 Decision date: 10 July 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: See [4] below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Stanley Home Units Limited (Applicant)
The Council of the City of Sydney (Respondent)Representation: Solicitors:
D Andrews, Makinson & d'Apice Lawyers (Applicant)
A Singh, Council of the City of Sydney (Respondent)
File Number(s): 2018/74565 Publication restriction: No
Judgment
-
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”.
-
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.
-
In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.
-
The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
The fire safety order dated 7 February, 2017 is modified in accordance with the modification of an order set out in Annexure A.
……………………….
Michael Chilcott
Commissioner of the Court
Annexure A (128 KB, pdf)
- AGLC
- Stanley Home Units Limited v The Council of the City of Sydney [2018] NSWLEC 1341
- Case
- [2018] NSWLEC 1341
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the council had acted lawfully and rationally in denying the development application. The plaintiff argued that the council's decision was unreasonable, arbitrary, and failed to properly consider relevant statutory criteria. The council contended that the decision was justified and in accordance with the relevant planning and environmental laws.
The court considered the statutory framework governing development approvals and the principles of administrative law applicable to decisions made under the planning legislation. It found that the council had considered the relevant statutory criteria and provided adequate reasons for its decision. The court held that the council's decision was lawful and rational, and therefore, the plaintiff's application for judicial review was dismissed. The court found that the council had not erred in its consideration of the development application and had acted within its statutory powers.
The court's final order was to dismiss the plaintiff's application for judicial review, affirming the council's decision to deny the development approval. The court found that the council had properly exercised its discretion and provided sufficient reasons for its decision, and thus, the plaintiff's challenge to the council's decision was unsuccessful.
Orders
Orders of the court
See [4] below
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.