Bureau SRH Pty Ltd v Waverley Council [2016] NSWLEC 1404

Bureau SRH Pty Ltd v Waverley Council [2016] NSWLEC 1404

The parties reached an agreement compliant with s 34(3) of the Land and Environment Court Act 1979; the court disposed of the proceedings in accordance with the agreed terms and set out those terms in the orders.

Jurisdiction
Australia
Judgment Date
31 August 2016
Procedural Posture
Development Application Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld pursuant to agreement; development application approved subject to conditions.
Legal Topics
['development Applications' 'conciliation Conference' 'court Orders']
['planning and Environment'] ['development Applications' 'conciliation Conference' 'court Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement reached in conciliation conference is acceptable to the parties and court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The parties reached an agreement compliant with s 34(3) of the Land and Environment Court Act 1979; the court disposed of the proceedings in accordance with the agreed terms and set out those terms in the orders.

Court Disposition

Appeal upheld pursuant to agreement; development application approved subject to conditions.

Orders

  • ["The Applicant is given leave to amend the development application by substituting the plans listed in condition A1 of Annexure 'A' as the plans relied upon for the purposes of the development application." 'The Applicant is to pay the costs thrown away as a result of amending the development application pursuant...