Lin v Woollahra Municipal Council [2018] NSWLEC 1172

Lin v Woollahra Municipal Council [2018] NSWLEC 1172

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Registrar was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
05 April 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to DA 502/2016 subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Registrar was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to DA 502/2016 subject to conditions.

Orders

  • ['The applicant is granted leave to rely on amended plans listed at A.3 set out in Annexure "A" to this agreement.' 'The appeal is upheld.' 'Development consent is granted to DA 502/2016 subject to the conditions set out in Annexure "A" to this agreement.']