Jacqueline Lisa Fontaine v Waverley Council [2017] NSWLEC 1136

Jacqueline Lisa Fontaine v Waverley Council [2017] NSWLEC 1136

The Court, being satisfied that the parties’ agreed terms are ones it could properly make, must make orders to dispose of the proceedings in accordance with the agreement without a merit assessment of the original dispute.

Parties
Applicant: Jacqueline Lisa Fontaine; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
16 March 2017
Procedural Posture
Development Application Appeal / Conciliation Conference Concluded and Orders Made
Outcome
Appeal upheld; development application approved subject to conditions by agreement.
Legal Topics
Development Application, Conciliation Conference, Orders by Agreement
Planning Law Environmental Law Development Application Conciliation Conference Orders by Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Jacqueline Lisa Fontaine

Applicant

Waverley Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference Concluded and Orders Made

Legal Issues

  1. 1 Whether the Court should make orders by consent under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court, being satisfied that the parties’ agreed terms are ones it could properly make, must make orders to dispose of the proceedings in accordance with the agreement without a merit assessment of the original dispute.

Court Disposition

Appeal upheld; development application approved subject to conditions by agreement.

Orders

  • The applicant is granted leave to rely on the amended plan as listed.
  • The Appeal is upheld.