Balderstone v Woollahra Council [2016] NSWLEC 1542

Balderstone v Woollahra Council [2016] NSWLEC 1542

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

Jurisdiction
Australia
Judgment Date
16 November 2016
Procedural Posture
Class 1 Modification Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application No. 610/2015/2 approved subject to consolidated conditions of consent.
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'conditions of Consent']
['planning and Environment Law'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Modification Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement had been reached between the parties under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to the parties.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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

Court Disposition

Appeal upheld; modification application No. 610/2015/2 approved subject to consolidated conditions of consent.

Orders

  • ['The Applicant is given leave to amend the appeal from a deemed refusal appeal to an appeal against conditions of consent as set out in Annexure "A".' 'The Applicant is given leave to amend the modification application by substituting the following plans as the plans relied upon for the purpose of the development...