Karantonis v Woollahra Council [2017] NSWLEC 1254

Karantonis v Woollahra Council [2017] NSWLEC 1254

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 agreement by making the final orders.

Jurisdiction
Australia
Judgment Date
24 May 2017
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 subject to conditions; applicant granted leave to amend the development application; applicant ordered to pay the Council's costs in respect of the leave granted as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']

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 parties' agreement under s 34(3) of the Land and Environment Court Act 1979 could be given effect by orders disposing of the proceedings." 'Whether leave should be granted to amend the development application and development consent granted to DA110/16.']

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 agreement by making the final orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant granted leave to amend the development application; applicant ordered to pay the Council's costs in respect of the leave granted as agreed or assessed.

Orders

  • ['The applicant is granted leave to amend its development application in accordance with the plans and documents specified in condition A.4 of Annexure A.' 'The appeal is upheld.' "Development Consent is granted to DA110/16 for the construction of a boarding house consisting of three (3) storeys plus basement level...