Frelingos v Hunters Hill Council [2016] NSWLEC 1270

Frelingos v Hunters Hill Council [2016] NSWLEC 1270

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; therefore the proceedings had to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
24 June 2016
Procedural Posture
Class 1 Development Modification Appeal Concerning a Café and Outdoor Seating / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Section 96 Application DA2013-1145-1 approved subject to conditions.
Legal Topics
['development Modification' 'café and Outdoor Seating' 'conciliation Conference' 'agreement Between the Parties' 'section 96 Application']
['planning and Environment'] ['development Modification' 'café and Outdoor Seating' 'conciliation Conference' 'agreement Between the Parties' 'section 96 Application']

Case Brief

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Procedural Posture

Class 1 Development Modification Appeal Concerning a Café and Outdoor Seating / 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 reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend Section 96 Application DA2013-1145-1 and whether the modified application 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; therefore the proceedings had to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Section 96 Application DA2013-1145-1 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Section 96 Application DA2013-1145-1 for a café and outdoor seating at Shop 7, 52-56 Gladesville Road, Hunters Hill in accordance with the plan Annexure "A".' 'The appeal is upheld.' 'Section 96 Application DA2013-1145-1 for a café and outdoor seating at Shop 7, 52-56...