George Demian v Willoughby City Council [2017] NSWLEC 1291

George Demian v Willoughby City Council [2017] NSWLEC 1291

Where the parties have reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court is satisfied that the decision can be made properly, the Court must dispose of the proceedings in accordance with the agreement and set out the terms in writing.

Parties
Applicant: George Demian; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
07 June 2017
Procedural Posture
Appeal – Application to Modify Development Consent / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; orders made by consent to modify the development consent
Legal Topics
Application to Modify Development Consent, Conciliation Conference, Agreed Orders
Planning and Environment Application to Modify Development Consent Conciliation Conference Agreed Orders

Case Brief

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Parties

George Demian

Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeal – Application to Modify Development Consent / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the Court should make orders to give effect to the agreement reached at conciliation conference to modify a development consent

Ratio Decidendi

Where the parties have reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court is satisfied that the decision can be made properly, the Court must dispose of the proceedings in accordance with the agreement and set out the terms in writing.

Court Disposition

Appeal upheld; orders made by consent to modify the development consent

Orders

  • The Applicant is granted leave to amend its application to rely on the amended plans prepared by David Scobie Architects Pty Ltd, dated 02/06/17.
  • The Appeal is upheld.