Lay v Randwick City Council [2018] NSWLEC 1333

Lay v Randwick City Council [2018] NSWLEC 1333

The Court, being satisfied that the agreement reached between the parties at the conciliation conference was one which it could properly make, disposed of the proceedings in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Source-derived case information.

Parties
Applicant: Graeme Lay; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
03 July 2018
Procedural Posture
Development Application Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld by consent; modification application approved subject to conditions; leave to rely on amended plans is granted; exhibits returned
Legal Topics
Conciliation Conference, Development Consent Modification, Agreement Between Parties
Planning and Environment Conciliation Conference Development Consent Modification Agreement Between Parties

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Parties

Graeme Lay

Applicant

Randwick City Council

Respondent

Procedural Posture

Development Application Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the Court should dispose of proceedings in accordance with agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court, being satisfied that the agreement reached between the parties at the conciliation conference was one which it could properly make, disposed of the proceedings in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld by consent; modification application approved subject to conditions; leave to rely on amended plans is granted; exhibits returned

Orders

  • The Applicant is granted leave to rely on the amended plans and documents as referred to in condition 1 of the conditions of consent contained at Annexure 'A'.
  • The appeal is upheld.