Lenga v Waverley Council [2018] NSWLEC 1320

Lenga v Waverley Council [2018] NSWLEC 1320

Agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979 regarding the terms of a decision, and the Commissioner was satisfied that approval of the development was an order the Court could have properly made.

Jurisdiction
Australia
Judgment Date
27 June 2018
Procedural Posture
Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld, Development Application approved subject to conditions, costs to respondent
Legal Topics
['development Application' 'conciliation Conference' 'appeal of Council Refusal']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'appeal of Council Refusal']

Case Brief

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Procedural Posture

Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether the Development Application DA-288/2017 should be approved following agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979 regarding the terms of a decision, and the Commissioner was satisfied that approval of the development was an order the Court could have properly made.

Court Disposition

Appeal upheld, Development Application approved subject to conditions, costs to respondent

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A.' 'The appeal is upheld and Development Application DA-288/2017 is approved, subject to the conditions set out in Annexure A.' "The Applicant is to pay the Respondent's costs...