Karellas v Mosman Municipal Council [2018] NSWLEC 1446

Karellas v Mosman Municipal Council [2018] NSWLEC 1446

Orders were made to give effect to an agreement reached at conciliation under s 34(3) of the Land and Environment Court Act 1979, the Commissioner being satisfied that the decision was one the Court could properly make. No merit assessment of the original issues was conducted.

Jurisdiction
Australia
Judgment Date
23 August 2018
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal allowed; modification application approved; development consent conditions modified.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the agreement reached at conciliation can be given effect under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Orders were made to give effect to an agreement reached at conciliation under s 34(3) of the Land and Environment Court Act 1979, the Commissioner being satisfied that the decision was one the Court could properly make. No merit assessment of the original issues was conducted.

Court Disposition

Appeal allowed; modification application approved; development consent conditions modified.

Orders

  • ['The Appeal is allowed.' 'Modification Application No DA8.2014.233.3 to modify Development Consent No DA8.2014.233.1 for alterations and additions to the existing dwelling at 9 Burran Avenue Mosman is determined by approving the modifications as set out in Annexure A.' 'Development Consent No DA8.2014.233.1 is now...