MacGregor v Waverley Council [2019] NSWLEC 1246

MacGregor v Waverley Council [2019] NSWLEC 1246

The Court is required to issue orders in accordance with the parties’ agreement reached at conciliation, as it is a decision the Court could properly make, and thus grants consent to the amended development application subject to conditions and an order for costs thrown away.

Parties
Applicant: Emily MacGregor; Applicant: Peter MacGregor; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered
Legal Topics
Development Application, Conciliation Conference, Appeal of Council Refusal
Planning Law Environmental Law Development Application Conciliation Conference Appeal of Council Refusal

Case Brief

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Parties

Emily MacGregor

Applicant

Peter MacGregor

Applicant

Waverley Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the court should grant development consent to alterations and additions to an existing dwelling, including a first floor addition, internal alterations, and a new studio above a garage, at 18 Leichhardt Street, Bronte

Ratio Decidendi

The Court is required to issue orders in accordance with the parties’ agreement reached at conciliation, as it is a decision the Court could properly make, and thus grants consent to the amended development application subject to conditions and an order for costs thrown away.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered

Orders

  • Leave granted to rely upon amended plans listed in Condition 1(a)(i) at Annexure 'A'.
  • Applicant to pay Respondent’s costs thrown away in the sum of $4,000 within 14 days.