Dinusha Wijewickrama v Port Stephens Council [2017] NSWLEC 1108

Dinusha Wijewickrama v Port Stephens Council [2017] NSWLEC 1108

Orders were made to give effect to the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment of original dispute needed.

Jurisdiction
Australia
Judgment Date
06 March 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld by consent; orders made as agreed between the parties
Legal Topics
['development Application' 'conciliation Conference' 'court Approval of Agreed Orders']
['planning Law' 'environmental Law'] ['development Application' 'conciliation Conference' 'court Approval of Agreed Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the Court should make orders by consent under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Orders were made to give effect to the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment of original dispute needed.

Court Disposition

Appeal upheld by consent; orders made as agreed between the parties

Orders

  • ['The Applicant is granted leave to amend the development application to include works to the retaining wall on the eastern boundary: removal of the top row of blocks, battering down of the soil, and installation of a stormwater system (including geotech fabric) for drainage.' "The Applicant is to pay the...