Stock v Mosman Council [2018] NSWLEC 1188

Stock v Mosman Council [2018] NSWLEC 1188

Because 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, the proceedings were disposed of in accordance with the agreed orders.

Jurisdiction
Australia
Judgment Date
19 April 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal allowed; development consent granted subject to conditions; applicant to pay respondent's costs thrown away as a result of the amended plans as agreed or assessed.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away' 'amended Plans']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away' 'amended Plans']

Case Brief

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Procedural Posture

Class 1 Development 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 parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by Court orders."]

Ratio Decidendi

Because 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, the proceedings were disposed of in accordance with the agreed orders.

Court Disposition

Appeal allowed; development consent granted subject to conditions; applicant to pay respondent's costs thrown away as a result of the amended plans as agreed or assessed.

Orders

  • ['Leave is granted to the applicant to rely on amended architectural plans by Connor + Solomon Architects numbered S34 01-16 dated March 2018 and amended landscape plans by Landforms numbered LP.15.2088 – 1 Rev DG dated 14.03.18; LP.15.2088 – 2 Rev dated 13.03.18; D.F; LP.15.2088 – 3 Rev D.F dated 13.03.18 and...