Wilton v Mosman Municipal Council [2018] NSWLEC 1133

Wilton v Mosman Municipal Council [2018] NSWLEC 1133

An agreement was reached at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied that the agreement could be made in the exercise of its functions. Orders were thus required to be made in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld and development consent modified by agreement between the parties.
Legal Topics
['development Application' 'modification of Consent' 'conciliation Conference' 'land and Environment Court Procedure']
['planning and Environment Law'] ['development Application' 'modification of Consent' 'conciliation Conference' 'land and Environment Court Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether the agreement reached at conciliation under s 34(3) of the Land and Environment Court Act 1979 should be accepted and orders made accordingly.']

Ratio Decidendi

An agreement was reached at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied that the agreement could be made in the exercise of its functions. Orders were thus required to be made in accordance with the agreement.

Court Disposition

Appeal upheld and development consent modified by agreement between the parties.

Orders

  • ['The appeal is upheld.' 'Approval is given to the modification of the development consent 8.2016.192.1 granted by Mosman Council on 17 May 2017 for alterations and additions at 12 Beauty Point Road Mosman, in accordance with the conditions in Annexure A.' 'The development consent 8.2016.192.1 is now subject to the...