Albette Frances Edwards v Woollahra Municipal Council [2017] NSWLEC 1114

Albette Frances Edwards v Woollahra Municipal Council [2017] NSWLEC 1114

Because the parties reached agreement during conciliation and the Commissioner was satisfied the Court could have made the decision, the proceedings were disposed of by giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
06 March 2017
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Determination
Outcome
Appeal upheld; development consent granted per agreed terms; costs ordered to be paid by the Applicant
Legal Topics
['development Application' 'conciliation Conference' 'court Approved Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Approved Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Determination

Legal Issues

  1. 1 ['Whether the parties have reached an acceptable agreement under s 34(3) of the Land and Environment Court Act 1979' 'Whether the Court can dispose of the proceedings in accordance with the agreement']

Ratio Decidendi

Because the parties reached agreement during conciliation and the Commissioner was satisfied the Court could have made the decision, the proceedings were disposed of by giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted per agreed terms; costs ordered to be paid by the Applicant

Orders

  • ["The Applicant is granted leave to rely upon amended plans referred to in Condition 1 of Part B of the conditions of consent annexed as 'Annexure A'." "The Applicant is to pay the Respondent's costs thrown away in the sum of $4,500.00 within 28 days." 'The Appeal is upheld.' "Development Consent is granted to...