City Properties No. 2 Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1175

City Properties No. 2 Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1175

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached between the parties, and the Commissioner being satisfied that the decision was one the Court could have made, the Court must dispose of the proceedings in accordance with the agreement and set out the terms in writing.

Parties
Applicant: City Properties No 2 Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
04 April 2017
Procedural Posture
Appeal (class 1) / Conciliation Conference and Final Orders
Outcome
Appeal upheld; application to modify development consent granted as per agreement
Legal Topics
Development Application, Modification Application, Orders by Agreement, Conciliation Conference
Planning Law Development Application Modification Application Orders by Agreement Conciliation Conference

Case Brief

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Parties

City Properties No 2 Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal (class 1) / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and capable of being ordered by the Court
  2. 2 Whether modification to development application DA 97/2016 to delete conditions A6 and A7 should be approved

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached between the parties, and the Commissioner being satisfied that the decision was one the Court could have made, the Court must dispose of the proceedings in accordance with the agreement and set out the terms in writing.

Court Disposition

Appeal upheld; application to modify development consent granted as per agreement

Orders

  • The Appeal is upheld.
  • Approval is given to modify development application number DA 97/2016 under s96 of the Environmental Planning and Assessment Act 1979 to delete condition A6 and condition A7.