Mekler v Randwick City Council [2016] NSWLEC 1351

Mekler v Randwick City Council [2016] NSWLEC 1351

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 Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent amended by agreement; no order as to costs.
Legal Topics
['development Application' 'development Consent Amendment' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']
['environmental and Planning Law'] ['development Application' 'development Consent Amendment' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent amended by agreement; no order as to costs.

Orders

  • ["The applicant is granted leave to rely on the amended plans as identified in Condition 1.3 of Annexure 'A'." 'The appeal is upheld.' "Development Consent DA883/2014/B for demolition of existing dwelling house and construction of 5 x 2 storey townhouses with basement parking and associated site and landscape works...