Dean Shrimpton v Woollahra Municipal Council [2017] NSWLEC 1319

Dean Shrimpton v Woollahra Municipal Council [2017] NSWLEC 1319

The Court upheld the appeal and made orders reflecting the agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, including upholding Clause 4.6 variation requests, granting consent to the development, and ordering costs.

Jurisdiction
Australia
Judgment Date
21 June 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted to the development application; Clause 4.6 variations upheld; costs ordered.
Legal Topics
['development Application' 'conciliation Conference' 'clause 4.6 Variation' 'costs' 'land and Environment Court Act 1979']
['planning and Environment'] ['development Application' 'conciliation Conference' 'clause 4.6 Variation' 'costs' 'land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the parties have reached an agreement under s 34(3) of the Land and Environment Court Act 1979 regarding the development application' 'Whether the court should make orders disposing of the proceedings in accordance with the agreement' 'Whether to uphold Clause 4.6 variation requests in respect of height and lot size' 'Whether to grant consent to the development application']

Ratio Decidendi

The Court upheld the appeal and made orders reflecting the agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, including upholding Clause 4.6 variation requests, granting consent to the development, and ordering costs.

Court Disposition

Appeal upheld; consent granted to the development application; Clause 4.6 variations upheld; costs ordered.

Orders

  • ['The appeal is upheld.' "The Applicant is granted leave to rely on amended plans referred to in Condition 1 of the Conditions of Consent contained in 'Annexure A'." "The Applicant's Clause 4.6 variation request in respect of height is upheld." "The Applicant's Clause 4.6 variation request in respect of lot size is...