Harris v Waverley Council [2016] NSWLEC 1430

Harris v Waverley Council [2016] NSWLEC 1430

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; therefore the Court disposed of the proceedings in accordance with that agreement and made orders granting development consent on conditions.

Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted on conditions.
Legal Topics
['development Application' 'swimming Pool, Deck and Cabana' 'earthworks and Retaining Wall' 'amenity' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'swimming Pool, Deck and Cabana' 'earthworks and Retaining Wall' 'amenity' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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; therefore the Court disposed of the proceedings in accordance with that agreement and made orders granting development consent on conditions.

Court Disposition

Appeal upheld; development consent granted on conditions.

Orders

  • ['Leave is granted to rely on the amended plans listed in condition 1 of the conditions set out in Annexure A.' "The Applicant is to pay Council's costs thrown away in the agreed amount of $500 within 14 days." 'The appeal be upheld.' 'Development consent be granted to the development application 67/2015 the...