Baker v Mosman Municipal Council [2016] NSWLEC 1466

The court must make orders to give effect to the agreement reached between the parties at or after a conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979.

Parties: Applicant: Greg Baker; Respondent: Mosman Municipal Council
Jurisdiction: Australia
Judgment Date: 07 October 2016
Procedural Posture: Class 1 / Conciliation Conference
Outcome: Proceedings disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics: Development Application, Conciliation Conference, Orders

Planning and Environment Development Application Conciliation Conference Orders

Case Brief

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Parties

Greg Baker

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference

Legal Issues

1 Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect

Ratio Decidendi

The court must make orders to give effect to the agreement reached between the parties at or after a conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Proceedings disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

Upon satisfaction by the applicant of condition 86 of development consent 8.2010.70.1 (as modified on 29 September 2016), the respondent will revoke Order 2 issued by the respondent to Mr G Baker and Ms J Baker on 1 June 2016 (the subject of this appeal).
Subject to a satisfactory inspection, the respondent will issue a Building Certificate in respect of the application for Building Certificate lodged by Ms J Baker with the respondent on 26 July 2016.