Buckwell v Woollahra Municipal Council [2018] NSWLEC 1545

Buckwell v Woollahra Municipal Council [2018] NSWLEC 1545

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision and made the agreed final orders.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Class 1 Development Application/modification Appeal / Conciliation Conference; Final Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application 553/2011/3 approved subject to conditions; Development application DA 553/2011 modified in accordance with the modification application and conditions.
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the proceedings should be disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the decision agreed by the parties was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision and made the agreed final orders.

Court Disposition

Appeal upheld; Modification Application 553/2011/3 approved subject to conditions; Development application DA 553/2011 modified in accordance with the modification application and conditions.

Orders

  • ['The applicant is granted leave to rely upon the amended plans referred to in condition A.6 of Annexure "A".' 'Appeal is upheld.' 'Modification Application 553/2011/3 for carport and driveway at 1/7 Salisbury Street, Watsons Bay is approved subject to the conditions at Annexure "A".' 'Development application DA...