Farzad Ebrahimzadeh v Lane Cove Municipal Council [2017] NSWLEC 1350

Farzad Ebrahimzadeh v Lane Cove Municipal Council [2017] NSWLEC 1350

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly the proceedings had to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
04 July 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and development consent is granted to Development Application No. DA 150/2016 subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was one the Court could have made in the proper exercise of its functions." "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly the proceedings had to be disposed of in accordance with that decision.

Court Disposition

The appeal is upheld and development consent is granted to Development Application No. DA 150/2016 subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No. DA 150/2016 for the demolition of existing structures, removal of one tree and construction of an attached dual occupancy at 59 Osborne Road, Lane Cove, subject to the conditions of consent annexed hereto and marked "A".']