Onions v Randwick City Council [2018] NSWLEC 1312

Onions v Randwick City Council [2018] NSWLEC 1312

Since the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made that decision, the Court is required to dispose of the proceedings accordingly and set out the terms in writing.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference Decision
Outcome
Appeal upheld. Development application approved per agreed conditions.
Legal Topics
['development Application' 'conciliation Conference' 'court Approved Agreement' 'conditions of Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Approved Agreement' 'conditions of Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference Decision

Legal Issues

  1. 1 ['Whether parties have reached an agreement under s 34(3) of the Land and Environment Court Act 1979' 'Whether the Court should dispose of the proceedings in accordance with the agreement']

Ratio Decidendi

Since the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made that decision, the Court is required to dispose of the proceedings accordingly and set out the terms in writing.

Court Disposition

Appeal upheld. Development application approved per agreed conditions.

Orders

  • ['The applicant is granted leave to amend the Development Application (DA/448/2017) lodged on 25 July 2017 relating to 246 Oberon Street, Coogee, New South Wales and file and rely upon the plans referred to in Condition 1 of the Conditions of Development Consent set out in Annexure "A" to this agreement.' 'The...