JN Developments Management Pty Ltd v Woollahra Council [2017] NSWLEC 1124

JN Developments Management Pty Ltd v Woollahra Council [2017] NSWLEC 1124

The Court disposed of the proceedings in accordance with the agreement validly reached between the parties at the conciliation conference, being satisfied that it is a decision the Court could have made under its jurisdiction.

Jurisdiction
Australia
Judgment Date
10 March 2017
Procedural Posture
Class 1 Development Appeal / Disposition After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved; costs order made
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal / Disposition After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the development application should be determined in accordance with the agreement reached at conciliation']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the agreement validly reached between the parties at the conciliation conference, being satisfied that it is a decision the Court could have made under its jurisdiction.

Court Disposition

Appeal upheld; development application approved; costs order made

Orders

  • ['The appeal is upheld.' "The applicant is granted leave to rely on the plans listed in condition A.2 of Annexure 'A'." "Development Application DA No 300/2016 is approved subject to the conditions set out at Annexure 'A'." 'The applicant is to pay the respondent costs thrown away under s 97B of the Environmental...