Josie Demlakian v Mosman Municipal Council [2016] NSWLEC 1439

Josie Demlakian v Mosman Municipal Council [2016] NSWLEC 1439

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979. The Court was satisfied the agreement was a decision it could properly make and disposed of the proceedings in accordance with that agreement, approving the modification application and setting out the terms of consent.

Jurisdiction
Australia
Judgment Date
23 September 2016
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification application approved
Legal Topics
['development Application' 'conciliation Conference' 'modification of Development Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'modification of Development Consent']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the modification application for development consent should be approved']

Ratio Decidendi

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979. The Court was satisfied the agreement was a decision it could properly make and disposed of the proceedings in accordance with that agreement, approving the modification application and setting out the terms of consent.

Court Disposition

Appeal upheld; modification application approved

Orders

  • ['The appeal is upheld.' 'Modification Application No 8.2012.221.2 is determined by approving the modifications as set out in Annexure A.' 'Development Consent No 8.2012.221.1 is now subject to consolidated, modified conditions as set out in Annexure B.']