Malek v Woollahra Council [2017] NSWLEC 1659

Malek v Woollahra Council [2017] NSWLEC 1659

The appeal is upheld and the modification application is approved in accordance with the parties' agreement following a conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
20 November 2017
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; modification application approved.
Legal Topics
['modification Application' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['modification Application' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the modification application for internal and external amendments to Development Consent No. 244/2015 should be approved.' 'Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 is appropriate for orders.']

Ratio Decidendi

The appeal is upheld and the modification application is approved in accordance with the parties' agreement following a conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved.

Orders

  • ['The appeal is upheld.' 'Modification Application No. 244/2015/1 for internal and external amendments to Development Consent No. 244/2015 at 29 Coolong Road, Vaucluse, NSW 2030, referred to in condition A3, is approved, subject to the consolidated conditions of consent at Annexure A.']