Amanda Garlick v Waverley Council [2017] NSWLEC 1301

Amanda Garlick v Waverley Council [2017] NSWLEC 1301

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreement without undertaking a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
13 June 2017
Procedural Posture
Class 1 Development Application Proceedings / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; approval granted to Modification Application DA-64/2016/A by deletion of the deferred commencement condition and subject to amended condition 1 as set out in Annexure B.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'modification Application' 'development Consent Conditions' 'costs Thrown Away']
['planning and Environment' 'development Applications'] ['conciliation Conference' 'agreement Between the Parties' 'modification Application' 'development Consent Conditions' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreement without undertaking a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; approval granted to Modification Application DA-64/2016/A by deletion of the deferred commencement condition and subject to amended condition 1 as set out in Annexure B.

Orders

  • ['The Applicant is granted leave to rely on the amended plans at Annexure A.' "The Applicant is to pay the Respondent's costs thrown away pursuant to Section 97B of the Environmental Planning and Assessment Act 1979 as agreed or as assessed." 'The Appeal is upheld.' 'Approval is granted to Modification Application...