Conn Health Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1248

Conn Health Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1248

The Court, being satisfied in accordance with s 34(3) of the Land and Environment Court Act 1979 that the agreed decision between the parties was one it could have made in proper exercise of its functions, disposed of the proceedings in accordance with the agreement and formalised its terms in orders.

Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
The appeal is upheld and modification application approved with conditions.
Legal Topics
['development Application' 'modification of Consent' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['development Application' 'modification of Consent' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision is acceptable to the Court" 'Whether the decision is one the Court could properly make in exercise of its functions']

Ratio Decidendi

The Court, being satisfied in accordance with s 34(3) of the Land and Environment Court Act 1979 that the agreed decision between the parties was one it could have made in proper exercise of its functions, disposed of the proceedings in accordance with the agreement and formalised its terms in orders.

Court Disposition

The appeal is upheld and modification application approved with conditions.

Orders

  • ['Leave is granted to amend the application to proceed under sections 4.55(2) and 8.9 of the Environmental Planning and Assessment Act 1979 (NSW).' 'The appeal is upheld.' "Modification application No. 286/2016/2 for change of trading hours of the training studio located at 18 Bay Street, Double Bay, from 6:00am –...