Michael Suttor Architects v Woollahra Council [2017] NSWLEC 1374

Michael Suttor Architects v Woollahra Council [2017] NSWLEC 1374

The Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed terms between the parties were ones the court could have made and was therefore required to dispose of the proceedings in accordance with the agreement, without making a separate assessment of the merits of the original issues in dispute.

Jurisdiction
Australia
Judgment Date
18 July 2017
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld. Development application approved subject to conditions. Costs order made.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'costs of Amendment']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'costs of Amendment']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ["Whether to dispose of the proceeding in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed terms between the parties were ones the court could have made and was therefore required to dispose of the proceedings in accordance with the agreement, without making a separate assessment of the merits of the original issues in dispute.

Court Disposition

Appeal upheld. Development application approved subject to conditions. Costs order made.

Orders

  • ['The appeal is upheld.' 'Leave is granted to rely on the amended plans referred to in condition A.3 of Annexure A.' 'Applicant to pay costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $500.00 within 28...