Clarkson v Waverley Council [2020] NSWLEC 1266

Clarkson v Waverley Council [2020] NSWLEC 1266

The Court accepted and gave effect to the parties' agreement as it satisfied statutory requirements, resolved previous non-compliance, and constituted a decision the Court could have made in proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Michael Clarkson; Applicant: Katherine Clarkson; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
24 June 2020
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted; orders made by consent.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties
Environmental Law Planning Law Development Application Conciliation Conference Agreement Between Parties

Case Brief

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Parties

Michael Clarkson

Applicant

Katherine Clarkson

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted to DA-342/2018 after amendment and agreement between parties
  2. 2 Whether the jurisdictional prerequisites under s 34(3) of the Land and Environment Court Act 1979 and s 4.16 of the Environmental Planning and Assessment Act 1979 are satisfied

Ratio Decidendi

The Court accepted and gave effect to the parties' agreement as it satisfied statutory requirements, resolved previous non-compliance, and constituted a decision the Court could have made in proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; orders made by consent.

Orders

  • The Applicant is granted leave to amend the development application and rely upon specific plans referred to at Annexure 'A'.
  • Applicant to pay Respondent's costs thrown away in the amount of $12,448 within 28 days.