Dalvand -v- Woollahra Municipal Council [2016] NSWLEC 1221

Dalvand -v- Woollahra Municipal Council [2016] NSWLEC 1221

The Court disposed of the proceedings by making final orders as agreed between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, approving the amended development application subject to specified conditions.

Parties
Applicant: Ellie Dalvand; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Development Application Appeal / Conciliation Conference Agreement, Final Orders
Outcome
Appeal upheld, development application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement, Appeal, Minor Amendments
Planning and Environment Development Application Conciliation Conference Section 34 Agreement Appeal Minor Amendments

Case Brief

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Parties

Ellie Dalvand

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference Agreement, Final Orders

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 could properly dispose of the proceedings
  2. 2 Whether the proposed amendments to the development application were minor under s97B of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The Court disposed of the proceedings by making final orders as agreed between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, approving the amended development application subject to specified conditions.

Court Disposition

Appeal upheld, development application approved subject to conditions

Orders

  • The applicant is given leave to amend the development application and rely on specified plans
  • The amendments are minor for the purpose of s97B of the Environmental Planning and Assessment Act 1979