Wiesener v North Sydney Council [2018] NSWLEC 1353

Wiesener v North Sydney Council [2018] NSWLEC 1353

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 proceedings were disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
10 July 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent amended in accordance with the parties' agreement.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'amended Plans']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'amended Plans']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one 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 proceedings were disposed of in accordance with the agreed decision.

Court Disposition

Appeal upheld; development consent amended in accordance with the parties' agreement.

Orders

  • ['The applicant is granted leave to rely amended plans being those plans listed at Condition A4 of Annexure "B" to this agreement.' 'The Appeal is upheld.' 'Development Consent given in respect of DA 2/17 being a consent that was determined by the Respondent Council on 7 June 2017 for the substantial demolition of...