Irwin v Waverley Council [2018] NSWLEC 1570

Irwin v Waverley Council [2018] NSWLEC 1570

The appeal is upheld and the development application is approved, as the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the orders could properly be made.

Jurisdiction
Australia
Judgment Date
30 October 2018
Procedural Posture
Development Application Appeal / Conciliation Conference and Orders by Consent
Outcome
Appeal upheld, development application approved subject to conditions agreed under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['development Application' 'conciliation Conference' 'orders by Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'orders by Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Orders by Consent

Legal Issues

  1. 1 ['Whether the parties could reach a consent agreement under s 34(3) of the Land and Environment Court Act 1979' 'Whether the Court could properly make the orders sought by agreement']

Ratio Decidendi

The appeal is upheld and the development application is approved, as the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the orders could properly be made.

Court Disposition

Appeal upheld, development application approved subject to conditions agreed under s 34(3) of the Land and Environment Court Act 1979

Orders

  • ['The Applicant is granted leave to rely on the specified amended plans.' 'The appeal is upheld.' 'Development Application No. DA-284/2017 for construction of hardstand car parking space and driveway to semi-detached dwelling at 129 Blair Street, North Bondi, is approved subject to the conditions in Annexure A.']