Olga Katyk v Woollahra Municipal Council [2017] NSWLEC 1113

Olga Katyk v Woollahra Municipal Council [2017] NSWLEC 1113

The parties reached an agreement over the terms of the decision at or after a conciliation conference. The Commissioner was satisfied that the Court could have made the agreed decision, so the proceedings were disposed of in accordance with that agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; modification application approved subject to conditions; no order as to costs.
Legal Topics
['development Application' 'conciliation Conference' 'modification Application' 'stormwater Management']
['planning and Environment'] ['development Application' 'conciliation Conference' 'modification Application' 'stormwater Management']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether the modification application for amendments to stormwater management plan and planter boxes should be approved' 'Effect of agreement reached at conciliation conference']

Ratio Decidendi

The parties reached an agreement over the terms of the decision at or after a conciliation conference. The Commissioner was satisfied that the Court could have made the agreed decision, so the proceedings were disposed of in accordance with that agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved subject to conditions; no order as to costs.

Orders

  • ['The Applicant is granted leave to rely on the amended landscape plan LCP/LOIC dated February 2017 by Frolic Consortium Landscape Architects.' 'The Appeal is upheld.' "Modification Application No. DA78/2008/7 dated 8 April 2016 for amendments to stormwater management plan and planter boxes and associated works at...