Watts v City of Ryde Council [2019] NSWLEC 1013

Watts v City of Ryde Council [2019] NSWLEC 1013

Because the parties reached agreement at the s 34 conciliation conference to modify the Order, and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 January 2019
Procedural Posture
Class 1 Appeal Under S 121 ZK (now S 8.18) of the Environmental Planning and Assessment Act 1979 Against an Order Under S 121 B (now S 9.34), Item 14 / Final Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; Order modified as set out in Annexure A.
Legal Topics
['development Application' 'class 1 Appeal' 'conciliation Conference' 'modification of Council Order']
['planning and Environment Law'] ['development Application' 'class 1 Appeal' 'conciliation Conference' 'modification of Council Order']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 121 ZK (now S 8.18) of the Environmental Planning and Assessment Act 1979 Against an Order Under S 121 B (now S 9.34), Item 14 / Final Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at the conciliation conference." 'Whether the agreed modification of the Order was a decision the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference to modify the Order, and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Order modified as set out in Annexure A.

Orders

  • ['The Appeal is upheld.' 'The Order issued under s 121B, item 14 of the Environmental Planning and Assessment Act 1979 on 13 September 2017 is modified as set out in Annexure "A".']