Seymour v Mosman Municipal Council [2016] NSWLEC 1355

Seymour v Mosman Municipal Council [2016] NSWLEC 1355

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 granting consent to development application 8.2015.206.1 subject to conditions.

Jurisdiction
Australia
Judgment Date
12 August 2016
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; consent granted to development application 8.2015.206.1 subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; 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 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 granting consent to development application 8.2015.206.1 subject to conditions.

Court Disposition

Appeal upheld; consent granted to development application 8.2015.206.1 subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Consent is granted to development application 8.2015.206.1 subject to the conditions in Annexure A.']