Eggleton v Woollahra Municipal Council [2016] NSWLEC 1205

Eggleton v Woollahra Municipal Council [2016] NSWLEC 1205

The parties reached an agreement in accordance with s 34(3) of the Land and Environment Court Act 1979 deemed acceptable to the Court, and thus the proceedings were disposed of in line with that agreement without merit assessment.

Parties
Applicant: Mark Eggleton; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
30 May 2016
Procedural Posture
Modification Application Appeal / Conciliation Conference and Agreed Orders
Outcome
Appeal upheld and modification application approved by consent under agreed conditions.
Legal Topics
Modification Application, Residential Development, Conciliation Conference, Consent Orders
Environmental Law Planning Law Modification Application Residential Development Conciliation Conference Consent Orders

Case Brief

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Parties

Mark Eggleton

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Modification Application Appeal / Conciliation Conference and Agreed Orders

Legal Issues

  1. 1 Whether the modification application DA 405/2014/2 for alterations to an existing terrace house at 7 Stephen Street, Paddington should be approved under the conditions agreed by the parties

Ratio Decidendi

The parties reached an agreement in accordance with s 34(3) of the Land and Environment Court Act 1979 deemed acceptable to the Court, and thus the proceedings were disposed of in line with that agreement without merit assessment.

Court Disposition

Appeal upheld and modification application approved by consent under agreed conditions.

Orders

  • Leave is granted to rely on the amended plans referred to in the consolidated conditions of consent annexed at 'B'.
  • The appeal is upheld.