Modog Pty Ltd v Mosman Municipal Council [2018] NSWLEC 1564

Modog Pty Ltd v Mosman Municipal Council [2018] NSWLEC 1564

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; accordingly, the Court disposed of the proceedings by making orders giving effect to the agreement, including upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
25 October 2018
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; development application approved subject to conditions in Annexure C.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'seniors Housing or Housing for People With a Disability' 'clause 4.6 Variation Requests' 'costs Thrown Away by Amendment']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'seniors Housing or Housing for People With a Disability' 'clause 4.6 Variation Requests' 'costs Thrown Away by Amendment']

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 Commissioner was satisfied that the agreed decision was one that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

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; accordingly, the Court disposed of the proceedings by making orders giving effect to the agreement, including upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure C.

Orders

  • ['The Applicant is granted leave to amend development application No. D/2017/631 and to rely upon the amended plans attached at Annexure A.' 'Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent consent authority that are thrown away as a...