Ryman v Randwick City Council [2018] NSWLEC 1356

Ryman v Randwick City Council [2018] NSWLEC 1356

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 upholding the appeal and modifying the development consent.

Jurisdiction
Australia
Judgment Date
11 July 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent (DA/479/2017) relating to 37 St Marks Road, Randwick, New South Wales modified to amend conditions 1 and 2 of the conditions of development consent as set out in annexure A to the agreement.
Legal Topics
['development Application' 'development Consent Modification' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'development Consent Modification' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the agreed decision was one that 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 that agreement by upholding the appeal and modifying the development consent.

Court Disposition

Appeal upheld; Development Consent (DA/479/2017) relating to 37 St Marks Road, Randwick, New South Wales modified to amend conditions 1 and 2 of the conditions of development consent as set out in annexure A to the agreement.

Orders

  • ['The Appeal is upheld.' 'Development Consent (DA/479/2017) relating to 37 St Marks Road, Randwick, New South Wales is modified to amend conditions 1 and 2 of the conditions of development consent as set out in annexure "A" to this agreement.']