Ben Larsson v Randwick City Council [2017] NSWLEC 1060

Ben Larsson v Randwick City Council [2017] NSWLEC 1060

The decision was disposed of in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied that the Court could have made such a decision in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
13 February 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; Development Application approved subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'court Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and acceptable' 'Whether the terms of the decision satisfy the statutory test for disposal of proceedings']

Ratio Decidendi

The decision was disposed of in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied that the Court could have made such a decision in the proper exercise of its functions.

Court Disposition

Appeal upheld; Development Application approved subject to conditions

Orders

  • ["The applicant is granted leave to file and rely on the amended plans referred to in Condition 1 and the landscape plan referred to in Condition 9 of Annexure 'A'." 'The appeal is upheld.' "Development Application No. DA/11/2016 is approved, subject to conditions as set out in Annexure 'A'."]