89 Ebley Street Pty Limited v Waverley Council [2017] NSWLEC 1344

89 Ebley Street Pty Limited v Waverley Council [2017] NSWLEC 1344

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
30 June 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA 572/2015 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'building Height' 'floor Space Ratio']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'building Height' 'floor Space Ratio']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the clause 4.6 variation request in respect of clause 4.3 (building height) and clause 4.4 (floor space ratio) should be upheld.' 'Whether Development Application No. DA 572/2015 should be approved subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA 572/2015 approved subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely upon the following amended architectural plans, landscape plan and BASIX certificate referred to in condition 1 of Annexure "A".' 'The clause 4.6 variation request in respect of clause 4.3 (building height) and clause 4.4 (floor space ratio) are upheld.' 'The Appeal is...