Masterman v Hawkesbury City Council [2018] NSWLEC 1181

The parties' agreement satisfies the requirements of s 34(3) of the Land and Environment Court Act 1979, so the Court disposed of the proceedings accordingly without merit assessment of the dispute.

Jurisdiction: Australia
Judgment Date: 13 April 2018
Procedural Posture: Appeal / Conciliation Conference and Final Orders
Outcome: Appeal upheld, development consent granted subject to conditions, no order as to costs.
Legal Topics: ['development Application' 'conciliation Conference' 'appeal' 'land and Environment Court Act 1979']

['planning and Environment'] ['development Application' 'conciliation Conference' 'appeal' 'land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

1 ['Whether the appeal against refusal of Development Application No. DA0860/16 should be upheld' "Whether the parties' agreement accords with the requirements of s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The parties' agreement satisfies the requirements of s 34(3) of the Land and Environment Court Act 1979, so the Court disposed of the proceedings accordingly without merit assessment of the dispute.

Court Disposition

Appeal upheld, development consent granted subject to conditions, no order as to costs.

Orders

["The applicant is granted leave to rely on amended plans listed at Condition 1 of Annexure 'A'." 'The appeal is upheld.' "Development consent is granted to Development Application No. 0860/16 for the construction of a single storey 3 bedroom dwelling, driveway, pool and shed at 584 Lower Colo Road, Lower Portland,...