Meegan Webb v Hornsby Shire Council [2017] NSWLEC 1715

Meegan Webb v Hornsby Shire Council [2017] NSWLEC 1715

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 approving the Section 96 application with specified condition changes.

Jurisdiction
Australia
Judgment Date
14 December 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Section 96 Application No. DA/72/2010/B is approved with specified deletion, amendment and insertion of conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'section 96 Application']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders' 'section 96 Application']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following 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 that 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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the Section 96 application with specified condition changes.

Court Disposition

The appeal is upheld and Section 96 Application No. DA/72/2010/B is approved with specified deletion, amendment and insertion of conditions.

Orders

  • ['The appeal is upheld.' 'Section 96 Application No. DA/72/2010/B is approved with the deletion of conditions 3a, 23 and 24, the amendment of condition 26, and the insertion of additional conditions 27A and 27B. A copy of the consolidated conditions is set out in Annexure A.']