Smith v Woollahra Municipal Council [2018] NSWLEC 1266

Smith v Woollahra Municipal Council [2018] NSWLEC 1266

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 was required to dispose of the proceedings in accordance with that decision and make orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
04 June 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Development Application No 116/2017 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one 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 was required to dispose of the proceedings in accordance with that decision and make orders giving effect to the agreement.

Court Disposition

Appeal upheld and Development Application No 116/2017 approved subject to conditions.

Orders

  • ["Leave is granted for the Applicant to amend its development application to rely upon the amended documentation referred to in condition A.3 of the conditions attached and marked Annexure 'A'." 'The Appeal is upheld.' "Development Application No 116/2017 to excavate under existing tennis court and extend existing...