Anthony Trenbath v Woollahra Municipal Council [2017] NSWLEC 1644

Anthony Trenbath v Woollahra Municipal Council [2017] NSWLEC 1644

The Commissioner, satisfied that the agreement reached by the parties was acceptable and one the Court could make, disposed of the proceedings by making orders modifying the development consent in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; Modification application approved subject to conditions
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether modification to development consent should be approved in accordance with agreement reached at conciliation conference']

Ratio Decidendi

The Commissioner, satisfied that the agreement reached by the parties was acceptable and one the Court could make, disposed of the proceedings by making orders modifying the development consent in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Modification application approved subject to conditions

Orders

  • ['Modification Application No. 128/2016/2 to modify Development Consent No. DA 128/2016/1 for alterations and additions is approved subject to the conditions in Annexure A' 'Condition A.3 of development consent is deleted' 'Conditions A.4, C.8, H.3, K.13 are inserted' 'Conditions C.1 and C.2 of the development...