Light Brigade Properties Pty Ltd v Woollahra Council [2018] NSWLEC 1011

Light Brigade Properties Pty Ltd v Woollahra Council [2018] NSWLEC 1011

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 agreement and made orders giving effect to it.

Jurisdiction
Australia
Judgment Date
12 January 2018
Procedural Posture
Class 1 Proceedings Concerning a Modification Application and a Building Certificate Application / Final Orders Following a Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
In appeal No. 2017/202008, the appeal was upheld and Modification Application No. 33/2015/2 was approved subject to conditions. In appeal No. 2017/202019, determination of Building Certificate Application No. 24/2016 was deferred and the respondent was directed to issue a building certificate once the specified...
Legal Topics
['conciliation Conference' 'section 34 Agreement' 'modification of Development Consent' 'deferred Determination of Building Certificate Application']
['planning and Environment' 'development Applications' 'building Certificates'] ['conciliation Conference' 'section 34 Agreement' 'modification of Development Consent' 'deferred Determination of Building Certificate Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Proceedings Concerning a Modification Application and a Building Certificate Application / Final Orders Following a 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.' "What orders should be made to give effect to the parties' agreement."]

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 agreement and made orders giving effect to it.

Court Disposition

In appeal No. 2017/202008, the appeal was upheld and Modification Application No. 33/2015/2 was approved subject to conditions. In appeal No. 2017/202019, determination of Building Certificate Application No. 24/2016 was deferred and the respondent was directed to issue a building certificate once the specified...

Orders

  • ["In appeal No. 2017/202008: The Applicant is granted leave to amend Modification Application No. 33/2015/2 in accordance with the plans and documents specified in condition A.3(a) of Annexure 'A'." 'In appeal No. 2017/202008: The appeal is upheld.' "In appeal No. 2017/202008: Modification Application No. 33/2015/2...