Bouchard v Waverley Council [2016] NSWLEC 1529

Bouchard v Waverley Council [2016] NSWLEC 1529

The Court gave effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 and disposed of the proceedings accordingly, approving the development application with conditions and awarding costs as agreed.

Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; Development application approved subject to conditions; Costs ordered
Legal Topics
['development Application' 'alterations and Additions' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'alterations and Additions' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ["Whether the parties' agreement should be given effect under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The Court gave effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 and disposed of the proceedings accordingly, approving the development application with conditions and awarding costs as agreed.

Court Disposition

Appeal upheld; Development application approved subject to conditions; Costs ordered

Orders

  • ["The applicant is granted leave to rely on the specified plans in Annexure 'A'." "The applicant is to pay the respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the amount of $1,000.00." 'Appeal upheld.' "Development application number DA-234/2016 for partial...