Landmark Group Australia Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1462

Landmark Group Australia Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1462

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; accordingly, the Court was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
28 August 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
The appeal is upheld and development application no. DA27/2017/1 is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders Under S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders Under S 34(3)']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court."]

Ratio Decidendi

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; accordingly, the Court was required to dispose of the proceedings in accordance with that decision.

Court Disposition

The appeal is upheld and development application no. DA27/2017/1 is approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure "A" and included at Annexure "B".' 'The appeal is upheld.' 'Development application no. DA27/2017/1 lodged on 27 January 2017 for alterations and additions to the top floor...