Franco Gugliotta v Randwick City Council [2017] NSWLEC 1405

Franco Gugliotta v Randwick City Council [2017] NSWLEC 1405

The proceedings were disposed of under s 34(3) of the Land and Environment Court Act 1979 in accordance with an agreement reached by the parties and accepted by the Court as one it could lawfully make, without any merit assessment of the original dispute.

Jurisdiction
Australia
Judgment Date
28 July 2017
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld. Section 96 modification application granted subject to conditions. Costs awarded to Respondent as agreed.
Legal Topics
['development Application' 'consensual Resolution' 'section 34 Agreement' 'modification Application']
['planning and Environment'] ['development Application' 'consensual Resolution' 'section 34 Agreement' 'modification Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ["Whether to dispose of proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 regarding a development modification application."]

Ratio Decidendi

The proceedings were disposed of under s 34(3) of the Land and Environment Court Act 1979 in accordance with an agreement reached by the parties and accepted by the Court as one it could lawfully make, without any merit assessment of the original dispute.

Court Disposition

Appeal upheld. Section 96 modification application granted subject to conditions. Costs awarded to Respondent as agreed.

Orders

  • ["Leave granted to applicant to rely on amended plans listed in condition 1 of the conditions attached and marked 'A'." "Applicant to pay Respondent's costs pursuant to s 97B as agreed in the sum of $4,000 by 18 August 2017." 'The appeal is upheld.' 'Consent is granted to the s96 modification application...