Liam Maley trading as Renco Design v Wollongong City Council [2018] NSWLEC 1212

Liam Maley trading as Renco Design v Wollongong City Council [2018] NSWLEC 1212

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 that agreement by granting leave to rely on amended plans, upholding the appeal, and granting consent to DA-2017/776 subject to conditions.

Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'detached Dual Occupancy']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'detached Dual Occupancy']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether DA-2017/776 for construction of an additional dwelling for the purpose of creating a detached dual occupancy should be determined by grant of consent subject to conditions.']

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 that agreement by granting leave to rely on amended plans, upholding the appeal, and granting consent to DA-2017/776 subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The applicant is granted leave to rely on amended plans as at Annexure B.' 'The appeal is upheld.' 'DA-2017/776 for the construction of an additional dwelling at Lot 51 DP 662344, otherwise known as 6-8 Beach Road Stanwell Park, for the purpose of creating a detached dual occupancy, is determined by the grant of...