Mick Wykrota v Willoughby City Council [2016] NSWLEC 1211

Mick Wykrota v Willoughby City Council [2016] NSWLEC 1211

An agreement having been reached between the parties at conciliation conference, and the Commissioner being satisfied the decision was one the Court could make, the proceedings were disposed of and orders made under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the modification application subject to conditions.

Parties
Applicant: Mick Wykrota; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
31 May 2016
Procedural Posture
Class 1 Appeal / Conciliation Conference Agreement; Final Orders
Outcome
Appeal upheld; modification application approved with conditions
Legal Topics
Development Application, Conciliation Conference, Modification of Development Consent
Planning and Environment Law Development Application Conciliation Conference Modification of Development Consent

Case Brief

Summary, issues, holding and outcome

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Parties

Mick Wykrota

Applicant

Willoughby City Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference Agreement; Final Orders

Legal Issues

  1. 1 Whether the modification application DA 2012/406/A should be approved in the terms proposed and agreed by the parties

Ratio Decidendi

An agreement having been reached between the parties at conciliation conference, and the Commissioner being satisfied the decision was one the Court could make, the proceedings were disposed of and orders made under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the modification application subject to conditions.

Court Disposition

Appeal upheld; modification application approved with conditions

Orders

  • The Court grants leave to rely on Plan No. 08B prepared by Mr M. Weyland and dated 22 April 2016.
  • The Court grants leave to rely on Plan No.09C dated March 2016 prepared by Mr M Weyland (limited to the front yard and car parking area to the limits shown on the attached plan).