Fryer v Woollahra Municipal Council [2018] NSWLEC 1389

Fryer v Woollahra Municipal Council [2018] NSWLEC 1389

Because 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, the proceedings were disposed of in accordance with the agreement by granting leave to amend the development application, upholding the appeal, and approving Development Application 497/2016/1 subject to conditions.

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application 497/2016/1 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Because 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, the proceedings were disposed of in accordance with the agreement by granting leave to amend the development application, upholding the appeal, and approving Development Application 497/2016/1 subject to conditions.

Court Disposition

Appeal upheld; Development Application 497/2016/1 approved subject to conditions.

Orders

  • ["The applicant is granted leave to amend the development application to rely upon the amended plans referred to in Condition A.2 of Annexure 'A' to this agreement and the amended clause 4.6 exception which is Annexure 'B' to this agreement." 'The Appeal is upheld.' "Development Application 497/2016/1 for extensive...