Raad v Hunters Hill Council [2018] NSWLEC 1064

Raad v Hunters Hill Council [2018] NSWLEC 1064

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement and the modification application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Class 1 Modification Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved subject to conditions set out in Annexure A.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties Under S 34(3)' 'balcony and Pergola Roof']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties Under S 34(3)' 'balcony and Pergola Roof']

Case Brief

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Procedural Posture

Class 1 Modification Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether application 2016-1036-1, being a modification to approved Development Consent no. 2016-1036 for minor amendments to the approved balcony and pergola roof at 61-63 Huntleys Point Road, Huntleys Point, NSW, 2111, should be approved subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement and the modification application was approved subject to conditions.

Court Disposition

Appeal upheld; modification application approved subject to conditions set out in Annexure A.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by Michael Raad Architects Pty Limited dated 12 February 2018 and identified as DA-101-C1-A - Site Plan; DA-103-C1-A - Site Plan - Showing hard and soft...