Malouf v Woollahra Municipal Council [2016] NSWLEC 1655

Proceedings were disposed of in accordance with the agreement reached at the conciliation conference, as required by s 34(3) Land and Environment Court Act 1979.

Jurisdiction: Australia
Judgment Date: 20 December 2016
Procedural Posture: Class 1 Appeal / Disposition Following Conciliation Conference
Outcome: Appeal upheld in part; application for modification approved with amended conditions
Legal Topics: ['modification of Development Application' 'conciliation Conference' 'consent Orders']

['planning and Environment'] ['modification of Development Application' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference

Legal Issues

1 ['Whether modification of development consent should be approved as agreed by parties at conciliation conference']

Ratio Decidendi

Proceedings were disposed of in accordance with the agreement reached at the conciliation conference, as required by s 34(3) Land and Environment Court Act 1979.

Court Disposition

Appeal upheld in part; application for modification approved with amended conditions

Orders

['The appeal is upheld in part.' 'Application number DA387/2012/4 made under s96 of the Environmental Planning and Assessment Act 1979 is approved by amending condition I.20 (Bay Street Windows and Doors – Hours of Use) and condition I.13 (Cooper Street Bi-Fold Windows – Hours of Use).' 'Development consent...