Charalambous v Waverley Council [2016] NSWLEC 1551

Charalambous v Waverley Council [2016] NSWLEC 1551

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
22 November 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA-139/2016 approved subject to conditions.
Legal Topics
['development Application' 'demolition of Existing Dwelling' 'dual Occupancy' 'strata Subdivision' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'demolition of Existing Dwelling' 'dual Occupancy' 'strata Subdivision' 'conciliation Conference' 'section 34 Agreement']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend the development application by substituting amended plans.' 'Whether Development Application No. DA-139/2016 should be approved subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. DA-139/2016 approved subject to conditions.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the specified architectural plans prepared by STUDIO [R] in association with Perumal Pedavoli Architects as the plans relied upon for the purposes of the development application.' 'The Applicant is to pay the costs thrown away as a...